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State Ballot Measure Monthly: February 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 January 15 through February 14.
2023 ballot measures
Overview: Nationally, five ballot measures have been certified in three states for elections in 2023.
Status of indirect initiatives: In Maine, signatures for three indirect initiatives were verified:
- Maine Creation of Pine Tree Power Company Initiative
- Maine Prohibit Foreign Spending in Elections Initiative
- Maine Voter Approval of Borrowing Above $1 Billion by State Entities and Electric Cooperatives Initiative
The Maine State Legislature has until the end of the legislative session to act on the proposals; rejection or no action would result in the initiatives going before voters in November.
In Ohio, one initiative to legalize marijuana has been certified to the Legislature, which has four months to act on the proposal; rejection or no action would result in a second signature-gathering period for the initiative campaign, and, should enough second-round signatures be verified, the initiative would go on the ballot in November.
Signatures pending verification: Signatures have been submitted and are pending verification for one ballot initiative in Maine:
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 five ballot measures were certified for odd-numbered year ballots in mid-February 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 January 15 through February 14, three statewide measures were certified for the ballot in Wisconsin for an election on April 4, 2023.
February 22, 2022
- Wisconsin Question 1: Conditions of Release Before Conviction Amendment: The Wisconsin State Legislature passed a resolution containing two constitutional amendments — Question 1 and Question 2 — on Jan. 19. Voters will decide the pair of constitutional amendments on April 4, 2023. Both of these amendments address bail conditions. Question 1 would authorize the Legislature to define serious harm when deciding the conditions under which an accused person can be released before conviction. As of Jan. 2022, the constitution states that an accused person is eligible for release "under reasonable conditions designed to assure their appearance in court, protect members of the community from serious harm or prevent the intimidation of witnesses."[2]
- Wisconsin Question 2: Conditions for Cash Bail Amendment: Question 2 would change what factors a judge should consider when determining the conditions for cash bail. As of Jan. 2022, the state constitution says that judges should consider the conditions "to assure appearance in court." Question 2 would add that judges should consider the following when imposing and setting cash bail: (1) a previous conviction of a violent crime, (2) the probability the accused will not appear in court, (3) the need to protect the community from serious harm, (4) the need to prevent witness intimidation, and (5) the potential affirmative defenses of the accused.[2]
- Wisconsin Work Requirement for Welfare Benefits Advisory Question: Also on the statewide ballot for April 4 is a non-binding question that asks whether the Legislature should require "able-bodied, childless adults... to look for work in order to receive taxpayer-funded welfare benefits." On Jan. 17, the Senate approved a resolution for the question. Senate Republicans, along with one Democrat, voted to add the question to the ballot. On Jan. 19, the House approved the resolution. Republicans supported and Democrats opposed the proposal.[3]
2024 certifications
- See also: Ballotpedia's Tuesday Count for 2024
From January 15 through February 14, four statewide measures were certified for the ballot in California and New York for the election on November 5, 2024.
January 24
- California Fast Food Restaurant Minimum Wage and Labor Regulations Referendum: The veto referendum would repeal AB 257, also known as the Fast Food Accountability and Standards Recovery Act (FAST Recovery Act). Gov. Gavin Newsom (D) signed AB 257 on Sept. 5, 2022. The Save Local Restaurants PAC launched the veto referendum campaign on Sept. 6. AB 257 would authorize the creation of a fast-food council, within the Department of Industrial Relations, composed of 10 members including fast-food restaurant franchisors, franchisees, employees, advocates for employees, and a representative from the Governor's Office of Business and Economic Development. The council could adopt a minimum wage for fast-food restaurant employees not to exceed $22 per hour in 2023 with annual adjustments and regulate working hours and conditions.[4] Through Dec. 31, 2022, the Save Local Restaurants PAC raised $21.06 million. Donors included Chipotle Mexican Grill ($2.75 million), In-N-Out Burgers ($2.75 million), and Starbucks ($2.00 million).[5]
- New York Equal Protection of Law Amendment: The New York State Legislature referred the constitutional amendment to the ballot for November 5, 2024. The amendment would add language to the New York Constitution to prohibit the denial of rights to individuals based on their "ethnicity, national origin, age, and disability," as well as their "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy." Between the Senate and House, 97% of Democrats voted for the amendment, and 97% of Republicans voted against the amendment. Addressing rights related to "pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy" could affect abortion in New York.[6] Planned Parenthood of Greater New York stated, "The second passage of the ERA is an important step toward protecting reproductive rights and access in New York following the U.S. Supreme Court’s wrongful decision to end the federal constitutional right to abortion, established by Roe v. Wade."[7] State Sen. George Borrello (R-57), who voted against the amendment, said, "It's very vague, it's very broad. In the end, my biggest concern is it will codify late-term abortions into the New York state constitution."[8]
February 1
- California Two-Thirds Legislative Vote and Voter Approval for New or Increased Taxes Initiative: The initiated constitutional amendment would increase the vote threshold for new or increased state and local taxes. The vote threshold for new or increased state taxes would a two-thirds in the Legislature and voter approval. As of Jan. 2023, the requirement is a two-thirds legislative vote or voter approval. The amendment would also increase the vote requirement for local taxes, whether proposed via ordinance or initiative, to a two-thirds vote of the local electorate. The proposal would also amend the California Constitution to state that "every levy, charge, or exaction of any kind imposed by state law is either a tax or an exempt charge" and define local taxes in the same manner. The amendment would require a law proposing or increasing a tax to include the duration of the imposition of the tax, an estimate of the annual revenue from the tax, a statement regarding the use of the revenue whether for specific or general purposes, and the ballot language for the tax measure question.[9]
February 3:
- California Oil and Gas Well Regulations Referendum: On Sept. 16, 2022, Gov. Newsom signed a bill, SB 1137, to establish new regulations on oil or gas production facilities or wells within a health protection zone. In California, health protection zones are areas within 3,200 feet of residences, education facilities, daycare centers, healthcare facilities, prisons, and other defined places. SB 1137 would also require operators with production facilities or wells with wellheads in a health protection zone to develop a leak detection system for certain chemicals and detailed response plans. On Sept. 19, the Stop the Energy Shutdown PAC launched a veto referendum campaign to repeal the law.[10] Through Dec. 31, 2022, the PAC received $20.13 million, including $4.5 million from Sentinel Peak Resources California LLC, $3.2 million from Signal Hill Petroleum, Inc., and $2.95 million from E & B Natural Resources Management Corp.[11]
Headlines
Wisconsin State Legislature sends three measures to the ballot for April 4, 2023
- See also: Wisconsin 2023 ballot measures
On April 4, voters in Wisconsin will decide on three ballot measures, including two constitutional amendments and one non-binding question. The constitutional amendments relate to the criminal justice system and the conditions of release before trials. Legislators voted on the two constitutional amendments as a single resolution, Senate Joint Resolution 2 (SJR 2), on Jan. 19. In the House, SJR 2 was approved 23-9. In the Senate, SJR 2 was approved 74-23. The governor cannot veto constitutional amendments.
In Wisconsin, the Legislature is required to approve amendments in two successive sessions. Legislators approved the amendments in Feb. 2022. before approving them for a second time in Jan. 2023.
Questions 1 and 2 both amend Article I, Section 8 of the Wisconsin Constitution. Question 1 would authorize the Legislature to define serious harm when deciding the conditions under which an accused person can be released before conviction. As of Jan. 2022, the constitution states that an accused person is eligible for release "under reasonable conditions designed to assure their appearance in court, protect members of the community from serious harm or prevent the intimidation of witnesses." Question 2 would authorize judges to consider the following conditions when imposing and setting cash bail: (1) a previous conviction of a violent crime, (2) the chances that the accused will not appear in court, (3) the need to protect others from serious harm, (4) the need to prevent witness intimidation, and (5) the potential affirmative defenses of the accused.
State Sen. Van Wanggaard (R), a legislative sponsor, said, “The proposed amendment also broadens the factors that a judge can consider when setting a monetary condition for release, or cash bail for violent crimes. As I said earlier, Wisconsin is the only state that only allows judges to consider a single factor when setting cash bail. Under our proposal, and for violent crimes only, judges will have the flexibility to determine bail based on the totality of circumstances.”
The ACLU of Wisconsin opposes the amendment, saying the proposal “would undermine the safety and stability of people detained pretrial and their communities, exacerbate inequities in the state’s cash bail system, and raise significant concerns under the due process clause of the Fifth Amendment and the excessive bail prohibition under the Eighth Amendment to the U.S. Constitution.”
The Legislature also voted to send a non-binding question to the ballot asking voters, "Shall able-bodied, childless adults be required to look for work in order to receive taxpayer-funded welfare benefits?" In the Senate, the vote was 22-10. In the House, the vote was 62-35. The governor's signature is not needed to place a non-binding question on the ballot.
The last spring odd-year election to include a ballot measure in Wisconsin was in 2015. Voters approved the measure, which provided for the election of the Wisconsin Supreme Court Chief Justice by a majority of the justices serving on the court.
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.
- ↑ 2.0 2.1 Wisconsin State Legislature, "Text of SJR 2," accessed January 5, 2023
- ↑ Wisconsin State Legislature, "Senate Joint Resolution 4," accessed January 18, 2023
- ↑ California Attorney General's Office, "Full text," accessed September 8, 2022
- ↑ Cal-Access, "Save Local Restaurants," accessed December 5, 2022
- ↑ New York Senate, "Amendment" accessed February 1, 2023
- ↑ Planned Parenthood of Greater New York, "Planned Parenthood of Greater New York Celebrates the Second Legislative Passage of the Equal Rights Amendment," January 25, 2023
- ↑ Spectrum News 1, "Equal Rights Amendment will head to New York voters next year," January 24, 2023
- ↑ California Attorney General, "Initiative 21-0042," November 30, 2021
- ↑ California Attorney General, "Referendum 22-0006," September 19, 2022
- ↑ Cal-Access, "Stop the Energy Showdown," accessed December 14, 2022
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