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Ballotpedia:Analysis of the 2016 ballot measures
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December 15, 2016
By The Ballot Measures Team
This page provides research, analyses, and summaries of the measures featured on statewide ballots in 2016. A total of 162 measures were put before voters across 35 states in 2016, affecting over 205 million residents. Out of the total, 117 were approved and 45 were defeated. Eight of these measures were on pre-November ballots, leaving 154 for a decision on November 8, 2016. The map below shows measure activity for each state, with darker shades indicating more measures.
Hot topics
Marijuana
In November 2012, Colorado and Washington became the first two states to approve the legalization of marijuana. Alaska and Oregon passed legalization at the ballot box in November 2014, doubling the number of states where marijuana was legal. Momentum continued into 2016, with four more states approving ballot initiatives to legalize the recreational use of marijuana. As the movement has succeeded in states with the initiative process on the West and East coasts, activists interested in using the initiative process will need to target the Intermountain West and Midwest in the future. The incoming presidential administration could thwart future efforts to legalize marijuana should the U.S. Department of Justice under President-elect Donald Trump enforce federal marijuana prohibition laws in all states.[1][2][3] In October 2015, Trump indicated that he favored treating marijuana legalization as “a state issue, state-by-state.”[4]
Recreational
Arizona Proposition 205: Arizonans defeated an initiative to legalize marijuana 51 to 49 percent. Kevin Sabet of SAM Action said the measure's defeat provided the opposition with a model. He stated, "The overarching lesson was that if we could raise enough money early, we can win. Arizona was the only state where we were toe to toe with the 'yes' side, and it's the only state we started early in."[3] Opponents of the initiative raised $5.6 million, while supporters received $5.2 million.[5]
California Proposition 64: The measure permitted adults aged 21 years or older to possess and use marijuana for recreational purposes. The sale and taxation of recreational marijuana went into effect on January 1, 2018. Supporters of the measure outraised opponents 11 to one—$22.5 million to $2.1 million.[6] Advocates hope that approval in California was the tipping point in their fight to legalize the drug.[7][8][9]- Maine Question 1: Along with Massachusetts, Maine became the first state east of the Rockies to approve marijuana legalization. An initial count separated "yes" and "no" totals by 4,073 votes, and opponents initiated a recount.[10]
- Massachusetts Question 4: The initiative was designed to legalize and regulate marijuana for individuals at least 21 years old. A total of $9.9 million was raised in the battle over Question 4.[11]
- Nevada Question 2: The measure legalized and taxed marijuana. Sheldon Adelson, owner of the Las Vegas Sands Corporation, contributed $3.35 million to a political action committee opposing Question 2. His donations accounted for 96.5 percent of the opposition's total funds. Supporters, nonetheless, were able to outraise the opposition, accumulating $4.2 million in contributions.[12] The measure was approved 54.5 to 45.5 percent.
Medical
- Arkansas Issue 6: Arkansas, along with Florida, became the first state in the American South to legalize medical marijuana. In 2012, Arkansans defeated a medical marijuana initiative. Proponents of the defeated measure divided into two camps in 2016, with some supporting Issue 6 and others supporting a different medical marijuana initiative titled Issue 7.[13] The Arkansas Supreme Court struck Issue 7 from the ballot in Benca v. Martin on October 27, 2016, leaving voters with one medical marijuana initiative to approve or defeat.[14]
- Florida Amendment 2: The initiative was round two for the campaign People United for Medical Marijuana. In 2014, the group sponsored a similar measure, Amendment 2, that was defeated with 58 percent approval.[15] (Amendments to the Florida Constitution require a 60 percent vote to become ratified.) Supporters of the initiative were able to acquire 71 percent of the vote in 2016.
- Montana Initiative 182: Montanans approved a medical marijuana legalization initiative in 2004. The Montana Legislature, however, amended the initiative, prohibiting marijuana dispensaries from having more than three registered patients among other changes.[16] These changes correlated with a drop in the number of registered patients across the state.[17] Initiative 182 repealed the legislature's three-patient limit and added PTSD to the list of qualifying conditions to receive medical marijuana.
- North Dakota Measure 5: North Dakota approved medical marijuana legalization 64 to 36 percent. The campaigns surrounding the measure were the least expensive marijuana-related campaigns in 2016, with supporters raising $5,610.[18]
Minimum wage
Initiatives to increase the minimum wage have been successful at the ballot box in recent years. No statewide measure to increase the minimum wage has been rejected since 1996. The trend continued in 2016, with four states voting to increase the minimum wage. Arizona, Colorado, and Maine approved measures increasing the minimum wage to $12 per hour. Washington approved an initiative to increase the minimum wage to $13.50 per hour. Voters in South Dakota repealed legislation lowering the minimum wage for workers under age 18.
- Arizona Proposition 206: The initiative was designed to increase the minimum wage $10 in 2017, $10.50 in 2018, $11.00 in 2019, and $12.00 in 2020. Starting in 2021, the minimum wage increased with changes in the cost of living. The measure also guaranteed 40 hours of annual paid sick time to employees of businesses with 15 or more employees and 24 hours to those of businesses with less than 15 employees. Proposition 206 was the second minimum wage increase on the ballot in Arizona, with the previous one being approved in 2006.
- Colorado Amendment 70: The measure was designed to increase the minimum wage to $9.30 in 2017, $10.20 in 2018, $11.10 in 2019, and $12.00 in 2020. After 2020, increases were made to adjust for changes in the cost of living. Gov. John Hickenlooper (D) supported the measure. Amendment 70 was the most expensive minimum wage measure of 2016, with supporters raising $5.3 million and opponents raising $1.7 million.[19][20]
- Maine Question 4: Question 4 was designed to increase the minimum wage to $9.00 in 2017, $10.00 in 2018, $11.00 in 2019, and $12.00 in 2012. Thereafter, the minimum wage is to increase with changes in the cost of living. Gov. Paul LePage (R) opposed the measure, and he has asked the Maine Legislature to amend the initiative to allow the increase to be phased in over a longer period of time.[21]
- Washington Initiative 1433: The measure was the largest minimum wage increase to be approved statewide at the ballot in the nation. The initiative was designed to increase the minimum wage from $9.47 in 2016 to $11.00 in 2017, $11.50 in 2018, $12.00 in 2019, and $13.50 in 2020. Beginning in 2021, the minimum wage was adjusted with inflation. The measure also required employers to provide employees with paid sick leave. Seattle-based venture capitalist Nicolas Hanauer was the initiative's largest donor, contributing $1 million to the supporting campaign.[22]
- South Dakota Referred Law 20: The South Dakota Legislature amended a minimum wage increase initiative, titled Measure 18, approved in 2014 to lower the wage hike for workers under age 18. Opponents of the change collected over 13,870 valid signatures to refer the legislature's bill to the ballot as a veto referendum. Voters rejected the legislature's change, leaving the minimum wage at $8.50 per hour for workers under age 18.
Gun control
In 2016, initiatives designed to regulate access to firearms appeared on the ballot in four states. This is the most firearms-related ballot measures to appear on statewide ballots in any given year. Rather than the usual mix of measures attempting to regulate firearms and others to preserve or expand access to firearms, 2016 only featured the former. In California, Nevada, and Washington, voters approved firearm regulation measures, while voters in Maine rejected one.
- California Proposition 63: Developed by Lt. Gov. Gavin Newsom (D), Proposition 63 required a permit to purchase ammunition. The measure also eliminated several exemptions to the large-capacity magazines ban and increased the penalty for possessing them. Supporters of the measure outraised opponents five to one, with the California Democratic Party being the support campaign's largest financial backer.[23] Some critics of the measure viewed it as an attempt by Newsom to bolster his reputation ahead of his run for governor in 2018, as certain provisions of the initiative duplicated laws already passed by the California Legislature.[24][25][26]
- Maine Question 3: Despite outspending opponents five to one, supporters of the measure were handed a narrow defeat at the ballot box. The measure would have required background checks before a gun sale or transfer between people who are not licensed firearm dealers. Everytown for Gun Safety, an organization that advocates for firearm regulations, contributed $5 million to supporters, while the National Rifle Association donated $949,360 to opponents.[27]
- Nevada Question 1: Question 1 was similar to the initiative in Maine. Voters in Nevada, however, narrowly approved the measure to require firearm transfers to go through licensed gun dealers. The funding battle in Nevada was also much more expensive than in Maine. Supporters raised over $19.7 million, with $13.8 million from Everytown for Gun Safety and $3.5 million from Michael Bloomberg. Opponents received $6.6 million, with $6.7 million from the National Rifle Association.[28][29]
- Washington Initiative 1491: The initiative authorized courts to issue extreme risk protection orders to remove an individual's access to firearms. The person would need to be considered a significant danger to himself or herself or others before an extreme risk protection order can be authorized. Opponents of the measure did not form a ballot measure committee to receive funds. Supporters raised $4.1 million.[30]
Death penalty
Voters affirmed the continuation of capital punishment in three states: California, Nebraska, and Oklahoma. Californians also approved a measure to hasten the appeals process in death penalty cases. The last time voters addressed a ballot measure related to capital punishment was in 2012, when Californians rejected Proposition 34.
- California Proposition 62: The measure would have abolished the use of capital punishment in California. Voters rejected the measure 53 percent to 47 percent. The margin of defeat was slightly higher for Proposition 62 than for Proposition 34, the last measure that attempted to repeal the death penalty in California in 2012. Former President Jimmy Carter (D) supported the measure.[31]
- California Proposition 66: The initiative was designed to shorten the time that legal challenges to death sentences take to a maximum of five years. It was narrowly approved by voters 51 to 49 percent. Contributions to the campaigns surrounding the measure were neck-and-neck, with supporters receiving $13 million and opponents raising $14 million.[32]
- Nebraska Referendum 426: Legislation to repeal capital punishment in Nebraska was passed on May 27, 2015, overriding a veto from Gov. Pete Ricketts (R).[33] Opponents of the new law organized a campaign and collected more than 143,000 signatures to get the legislation on the ballot as a veto referendum. Over 60 percent of voters cast their ballots to repeal the legislation, affirming the state's use of the death penalty.
- Oklahoma State Question 776: State Question 776 did not impact the state's use of the death penalty. Rather, the measure amended the Oklahoma Constitution to guarantee the state’s power to impose capital punishment and set methods of execution. The Oklahoma Legislature referred the amendment to the ballot, with 124 legislators voting in favor of the referral and 10 opposing such action.
Energy
In 2016, five ballot measures addressed the topic of energy. Voters in Washington defeated an initiative to create what would have been the nation's first tax on carbon emissions. Floridians approved a constitutional amendment to provide tax exemptions for solar panels and other renewable energy equipment in homes and businesses. In Nevada and Florida, citizens debated the role of utilities in managing the electrical grid.
- Florida Amendment 4: Amendment 4 was referred to the ballot by the Florida Legislature, where it received a unanimous vote. Voters approved the amendment. The measure was designed to allow the legislature to provide property tax exemptions to homes and businesses for the costs of solar panels and other renewable energy equipment.
- Florida Amendment 1: The measure would have provided for a constitutional right to own or lease solar energy equipment for personal use while also providing a right for residents who do not produce solar energy to abstain from subsidizing its production. Amendment 1 was defeated, as its slim majority in favor did not meet Florida's 60 percent vote requirement to pass. Opponents of the measure argued that it was intended to protect big utility companies control over the energy market and inhibit net metering. The top five donors to the campaign sponsoring Amendment 1 were utility and energy companies.
- Nevada Question 3: Over 70 percent of voters backed Question 3, which will appear on the ballot again in 2018. Nevada requires that constitutional amendments, such as Question 3, be approved at the ballot box at two successive general elections. The measure requires the Nevada Legislature to establish "an open, competitive retail electric energy market," reduce energy market regulations, and prohibit energy monopolies. In 2016, NV Energy, a state-sanctioned utility company, controlled 90 percent of the state's energy market.[34]
- Washington Initiative 732: Initiative 732 would have made Washington the first U.S. state with a carbon tax. The measure was also intended to be revenue-neutral, decreasing the sales tax and business and occupation tax and increasing tax credits to low-income households. A debate ensued over whether the initiative was actually revenue-neutral or revenue-negative. Voters rejected the measure. Opponents of the measure included American Fuel & Petrochemical Manufacturers, Puget Sound Energy, and Koch Industries, along with the Washington Democratic Party and the social justice and labor group Alliance for Jobs and Clean Energy.
- Washington Advisory Vote 15: As a non-binding advisory question, the measure had no direct impact on policy in Washington. The question asked voters whether House Bill 2778 should be repealed or upheld. A majority of voters selected "repeal." HB 2778 limited the sales tax exemption available for certain alternative fuel vehicles.
Education
A significant number of measures addressing education have been appearing on even-year ballots for decades, and 2016 was no different. A total of 12 measures addressed education, making the issue the fourth-most prevalent in 2016. Some of the more prominent measures concerned education funding, student loans, and charter schools.
- Alabama Amendment 1: Voters in Alabama approved Amendment 1. The measure was referred to the ballot by the Alabama Legislature. It added two members, elected at-large, to the Auburn University Board of Trustees and ensured that not more than three board member terms would expire in any one calendar year.
- Alaska Ballot Measure 2: An amendment to allow the Alaska Legislature to sell bonds to raise revenue to fund educational loans for college students was rejected in Alaska. The measure received bipartisan support in the legislature, with just two of the 48 legislators voting against referring the amendment. No campaigns formed to support or oppose the measure.
- California Proposition 51: Gov. Jerry Brown broke with the California Democratic Party to oppose Proposition 51, an initiative to fund the improvement and construction of school facilities through $9 billion in bonds. The California Republican Party also supported the measure. Yes on Proposition 51, the support campaign, raised $12 million, while opponents did not organize an opposition campaign.[35]
- California Proposition 58: Almost 74 percent of voters approved Proposition 58, a legislative referral to repeal an initiative that received 62 percent of the vote in 1998. The 1998 initiative was titled Proposition 227, and it enacted a English-only immersion requirement. Proposition 58 provided for bilingual education programs. Supporters, including the California Teachers Association PAC, raised $4.9 million for the cause.[36]
- Georgia Amendment 1: Amendment 1 was referred to the ballot by the Georgia Legislature. In Georgia, a referred amendment requires a two-thirds vote in both legislative chambers. Amendment 1 secured around 67 percent in both chambers, thus making the ballot. Voters rejected the amendment, which would have authorized the state to form Opportunity School Districts to govern elementary and secondary schools deemed "chronically failing."
- Louisiana Amendment 2: Amendment 2 would have allowed college boards to establish tuition and fee amounts for their respective institutions without legislative approval. Voters rejected the amendment 57 to 43 percent.
- Maine Question 2: Voters in Maine narrowly approved Question 2, which enacted an additional 3 percent surcharge on the portion of any household income exceeding $200,000 per year. The measure was designed to earmark revenue from that tax for public education. The National Education Association, the largest teachers' union in the nation, provided 70 percent of the support campaign's $3.9 million in funds.[27]
- Massachusetts Question 2: Question 2 would have authorized up to 12 new charter schools or enrollment expansions in existing charter schools by the state Board of Elementary and Secondary Education per year. U.S. Sen. Elizabeth Warren (D) opposed the measure, while Gov. Charlie Baker (R) supported it.[37][38] The initiative was the most expensive ballot measure on the Massachusetts ballot in 2016, with supporters receiving $27 million and opponents raising $17 million. Despite the $10 million advantage, the opposition campaign won the election, with 62 percent of voters rejecting the initiative.[39]
- Oklahoma State Question 779: The measure would have increased the sales tax to provide additional education funding and increase teacher salaries. Voters rejected the initiative 59 to 41 percent. A total of $1,517,446.87 was spent to collect the 123,725 valid signatures required to put the measure on the ballot.[40]
- Oregon Measure 98: Both the Democratic incumbent and her Republican opponent for the office of the Oregon governor in 2016 supported Measure 98, and so did 66 percent of voters.[41] The measure required the Oregon Legislature to fund dropout prevention and career- and college-readiness programs in Oregon high schools. The initiative was not designed to increase taxes to fund the programs, but rather appropriate new revenue from economic growth.
- Oregon Measure 99: The Oregon "Outdoor School" program is a field science curriculum focusing on the environment, natural resources, economic development, and related careers. Due to budget constraints, many school districts have shortened or eliminated Outdoor School in recent years, according to the voter pamphlet. Measure 99, which was approved by voters, created an Outdoor School Education Fund with 4 percent of the revenue or between $5.5 and $22 million per year and adjusted for inflation in the Oregon State Lottery Fund.
- South Dakota Constitutional Amendment R: Amendment R was designed to authorize the South Dakota Legislature to determine who will govern "postsecondary technical education institutes." The measure also prevented the South Dakota Board of Regents from running such schools. Despite all but one legislator voting to put Amendment R on the ballot, only a slim majority of voters approved the amendment.
Healthcare
Six healthcare related initiatives appeared on the ballot in four different states in 2016. California voters defeated an initiative that would have regulated prescription drug prices, and it ended up being the most expensive ballot measure campaign of the year in both the state of California and the nation. Californians also approved a measure addressing voter approval for changes in dedicated use of hospital fees. In Colorado, voters defeated a measure that would have created a universal healthcare system called ColoradoCare. The last universal healthcare measure on the ballot in the U.S., California Proposition 186, appeared in 1994 and was defeated. Coloradans also approved a measure that made assisted death legal for patients with a terminal disease. In Nevada and Washington, voters approved measures that addressed healthcare tax exemptions and tax assessments.
System
- California Proposition 61: The measure sparked the most expensive 2016 ballot measure battle in both California and the nation, with a total of more than $128.1 million raised by support and opposition campaigns. Opponents raised more than $109 million of that total, and all of the top donors to the opposition campaign were either pharmaceutical companies or had ties to the pharmaceutical drug industry. Voters defeated the measure by a slim margin of 53 percent to 47 percent. If it had been approved, the measure would have regulated drug prices by requiring state agencies to pay no more than what the U.S. Department of Veteran Affairs (VA) pays for prescription drugs. The group that led the support campaign for the initiative, the AIDS Healthcare Foundation, is also leading the support campaign for a similar measure in Ohio in 2017.
- Colorado Amendment 69: The measure would have introduced a healthcare payment system designed to fund universal healthcare in Colorado, called ColoradoCare. In order to fund the system, a 10 percent payroll tax would have been implemented. Opponents outraised supporters by almost five to one, raising a total of $4,067,618. All of the top five donors to the opposition campaign were healthcare insurance companies. Polls from September 2016 and August 2016 showed more opposition than support for the measure, and it was defeated by a large majority of voters, with a margin of 79 percent to 21 percent.
- California Proposition 52: Californians approved the measure by a margin of about 70 percent to about 30 percent. Supporters originally planned to have the measure, which required voter approval for changing the dedicated use of hospital fees used for funding Medi-Cal services and extended the hospital fee program, on the 2014 ballot. A total of $71.8 million was raised by the support and opposition campaigns for the measure.
Assisted death
- Colorado Proposition 106: Coloradans approved the measure by a margin of 65 percent to 35 percent. The initiative legalized assisted death for patients with a terminal illness and a prognosis of death within six months. Another Colorado measure relating to assisted death may appear on the ballot in 2017.
Taxes
- Nevada Question 4: The measure was designed to exempt durable medical equipment, oxygen delivery equipment, and mobility enhancing equipment from Nevada's sales and use tax. Nevadans approved the measure by a margin of about 72 percent to about 29 percent. According to state law, the measure will need to be approved by voters again in 2018 before the Nevada Constitution can be amended.
- (repeal) Washington Advisory Vote 14: As a non-binding advisory question, the measure did not have a direct impact on policy in the state of Washington. The majority of Washingtonians voted to repeal House Bill 2768, with about 69 percent voting to repeal the legislation and about 31 percent voting to maintain it. The legislation allowed Washington's health insurance exchange to levy assessments on stand-alone family dental plans.
Statistical summary
The charts below include all statewide election results from the November 8, 2016, ballot measure elections, as well as previously held elections:
| 2016 election stats | ||||
|---|---|---|---|---|
| Total | Approved (%) | Defeated (%) | ||
| 162 | 117 (72.2%) | 45 (27.8%) | ||
Initiated measures
- See also: Ballot initiative and Veto referendum
| Initiatives | Amendments | Statutes | Veto referendums | Approved 
|
Rejected 
|
|---|---|---|---|---|---|
| 76 | 25 | 46 | 5 | 47 (61.8) | 29 (38.2%) |
Legislatively referred amendments and statutes
- See also: Legislative referral
| Referrals | Amendments | Statutes | Approved
|
Rejected
|
|---|---|---|---|---|
| 71 | 69 | 2 | 55 (77.5%) | 16 (22.5%) |
Bond issues
- See also: Bond issue
Ballotpedia distinguishes between bond issues that are put on the ballot by the legislature through a legal process specifically designed for such proposals and alterations to state statute or the state constitution that call for bonded indebtedness.
Although there were 13 bond issues on statewide ballots in 2016, the chart below shows the 11 bond issues that were proposed by the legislature through a process that did not alter state statute or the state constitution. Two bond issues were proposed by initiated state statutes, one in Montana and one in California, and these are counted in the chart above.
| Bond issues | Approved
|
Rejected
|
|---|---|---|
| 11 | 11 (100%) | 0 (0%) |
Advisory questions
- See also: Advisory question
| Questions | Approved
|
Rejected
|
|---|---|---|
| 3 | 3 (100%) | 0 (0%) |
Automatic ballot referrals
- See also: Automatic ballot referral
In certain states, measures are automatically put on the ballot by law.
| Questions | Approved
|
Rejected
|
|---|---|---|
| 1[42] | 1 (100%) | 0 (0%) |
Measures through the years
A trend of lower numbers of total statewide measures continued in 2016, with a total of 162 measures—well under the peak of 226 statewide measures seen in 2006 and below the average of about 195 in even-numbered years from 2000 through 2014. However, there was a spike in 2016 in the number of citizen-initiated measures put on the ballot; out of the 162 measures decided by voters, 76 were put on the ballot through citizen signature petitions, with 71 initiatives and five veto referendums. The last year in which there were more than 76 citizen-initiated measures was 2006. This means that there were an unusually low number of measures referred to the voters by state legislatures. Low voter turnout in 2014 leading to decreased signature requirements for the 2016 election cycle likely contributed to this spike in the number of citizen-initiated measures.
|
|
2016 initiative activity
- See also: Chart of 2016 initiative activity
There are 26 states with some form of citizen-initiated direct democracy. In 2016, for all measures on the ballot, a total of 17 initiative and referendum states had measures up for a public vote. However, before initiatives in these states were placed on the ballot, their sponsors had to file petitions with their state election officials and collect signatures.
This process means that some initiative efforts fail for various reasons, including unconstitutional ballot text, shortage of valid signatures, and missed deadlines. Not all of the measure petitions filed make the ballot.
In 2016, a total of 1,069 initiatives were filed with intent to circulate for signature gathering. Of those 1,069 initiative proposals, 76 were certified to appear on the ballot. Those 76 included veto referendums, initiated constitutional amendments, and initiated state statutes. The table below examines the filed initiatives, those that were certified, and the breakdown of measures that were proposed in each state.
Summary
| # of initiatives proposed | # initiatives certified in 2016 | % certified | |
|---|---|---|---|
| Totals: | 1,069 | 76 | 7.11% |
Highlights
- See also: Chart of 2016 initiative activity
- Of the 1,069 measures that filed for circulation, only 76—or 7.11 percent—ended up on the ballot.
- Of the 26 states that allow the initiative and referendum process, 17 featured initiated measures on 2016 ballots.
- The average rate of certification per state in 2016 was 15 percent.
- About 76 percent of initiative proposals were filed in just five states—Washington, Missouri, California, Colorado, and Oregon.
- The highest rates of certification were in South Dakota and North Dakota. In South Dakota, 90 percent, or nine of 10, initiatives were certified. In North Dakota, 80 percent—or four of five—initiatives were certified.
- The total number of initiative petition filings in 2016 was 1,069, topping the number filed in 2014 by 453.
Lower signature requirements in 2016
The number of signatures required to get an initiative on a ballot is based on a percentage of votes cast in an election in all but three of the states offering citizens the power of initiative; the three states with different requirements are North Dakota, Idaho, and Nebraska, which base signature requirements on the number of registered voters or the state's population.
Voter turnout for the 2014 general election was the lowest since World War II, causing signature requirements to drop by an average of 10.5 percent in the 15 states basing their requirements on the 2014 general election.[44][45]
In California, for example, signature requirements plunged 27.5 percent to 585,407 for initiated constitutional amendments and 365,880 for initiated state statutes. Signature requirements had not been set this low in California since 1979, when the state's population was only 60 percent of what it was in 2014. Ultimately, 15 measures were put on the ballot in California through citizen petitions. This compares to four in 2014, 13 in 2012, and 11 in 2010.[46][47]
The drop was even more pronounced in Nevada, where signature requirements tumbled 45.7 percent. Nevada is unique, however, because the state's signature requirements are based on votes cast in the general election; therefore, requirements fluctuate every two years.
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Issues on the ballot
- See also: Chart of 2016 ballot measure issues
Taxes have been the most prevalent issue featured on the ballot since at least 2010, with this trend continuing into 2016. However, the number of tax-related measures fell between 2010 and 2016, with 40 appearing on the ballot in 2010, 33 in 2012, 23 in 2014, and 27 in 2016. Of the 162 measures that appeared on the ballot in 2016, 27 (17 percent) of them addressed the issue of taxes. Twelve of the tax-related ballot measures were citizen initiatives, 13 were legislative referrals, and two were non-binding advisory questions. Some of the most prominent tax-related ballot measures of 2016 included California Proposition 55, Maine Question 2, Oregon Measure 97, and Washington Initiative 732.
Other prevalent issues in 2016 included bond issues, state and local government budgets, education, elections and campaigns, and marijuana. The number of marijuana-related ballot measures has increased in recent years, with the issue being one of the top five most prevalent in 2015 and 2016. In 2016, there were nine marijuana-related ballot measures, five to legalize recreational marijuana and four to legalize medical marijuana.
The chart below highlights the most prevalent issues for 2016:
| Top Issues | # measures per issue |
|---|---|
| Taxes | 27 |
| Bond issues | 15 |
| State budgets | 14 |
| Education | 12 |
| Elections and campaigns | 9 |
| Marijuana | 9 |
Citizen initiative changes
- See also: Chart of 2016 ballot measure changes
Seventeen of the 26 states that allow the initiative and referendum process had initiatives, veto referendums, or both on the ballot in 2016. More citizen-initiated measures were featured on ballots in 2016 than in 2008, 2010, 2012, or 2014. With a total of 76 initiatives or veto referendums, 2016 topped 2014 by 36 measures, 2012 by 13 measures, and 2010 by 26 measures.
Highlights:
- A total of 36 more initiatives appeared on the ballot in 2016 than in 2014.
- A total of 13 more initiatives appeared on the ballot in 2016 than in 2012.
- A total of 26 more initiatives appeared on the ballot in 2016 than in 2010.
- A total of two more initiatives appeared on the ballot in 2016 than in 2008.
- A total of seven fewer initiatives appeared on the ballot in 2016 than in 2006.
- California featured the largest increase in the number of initiatives on the ballot from 2014 to 2016—four to 15.
- Alaska featured the largest decrease in the number of initiatives on the ballot from 2014 to 2016—four to one.
| # of initiatives in 2010 | # of initiatives in 2012 | # of initiatives in 2014 | # of initiatives in 2016 | Change from 2014 | |
|---|---|---|---|---|---|
| Totals: | 50 | 63 | 40 | 76 | +26 |
Legislative referral changes
- See also: Chart of 2016 ballot measure changes
Despite an increase in the total number of initiatives on the ballot, the number of legislative referrals was at its lowest since at least 2010. A total of 86 legislative referrals were featured on the ballot in 2016. In 2014, 118 legislative referrals appeared on the ballot. In 2012 and 2010, 125 and 134 legislative referrals appeared on the ballot, respectively. These numbers show a decreasing trend over the past four even-year elections in the number of legislative referrals.
Highlights:
- A total of 32 fewer legislative referrals appeared on the ballot in 2016 than in 2014.
- A total of 39 fewer legislative referrals appeared on the ballot in 2016 than in 2012.
- A total of 48 fewer legislative referrals appeared on the ballot in 2016 than in 2010.
- Alabama featured the largest increase in the number of legislative referrals on the ballot from 2014 to 2016—six to 15.
- Louisiana featured the largest decrease in the number of legislative referrals on the ballot from 2014 to 2016—14 to six.
| # of referrals in 2010 | # of referrals in 2012 | # of referrals in 2014 | # of referrals in 2016 | Change from 2014 | |
|---|---|---|---|---|---|
| Totals: | 134 | 125 | 118 | 86 | -32 |
Signature collection costs
A total of at least $76.8 million[48] was spent on signature gathering efforts across 17 states to put 76 citizen-initiated measures on statewide ballots in 2016—more than in any year since 2006. A total of 13,677,856 valid signatures were required to qualify this year's initiatives and veto referendums for the ballot.[49] Ballotpedia tracked the total petition costs for each successful initiative and veto referendum petition drive, as well as the total cost compared to the number of valid signatures required to qualify the measure for the ballot, or the cost per required signature (CPRS).
- Among the 71 citizen initiatives and five veto referendums put on the ballot in 2016, the most expensive signature petition drive cost $6.6 million[50] and the cheapest were the volunteer efforts on which no money was spent.
- $44.7 million was spent in California on successful petition campaigns. This is more than was spent on the cost of signature collection than in all of the other states combined.
- The highest CPRS for initiatives and veto referendums in 2016 was $56, which is the highest CPRS Ballotpedia has recorded since beginning CPRS analysis in 2010 and is likely the highest CPRS in the history of direct democracy in the U.S. to date.
- This CPRS was for an initiative to regulate interest rates in South Dakota, and it was more than five times higher than the next highest CPRS in South Dakota. Both of the two most expensive initiative petitions in South Dakota were run by the same petition company.
- Florida had the highest average petition cost at $3,046,015.89; California had the second highest at $2,980,806.20.
- Arkansas had the highest median CPRS at $6.93, while California came in second with a median CPRS of $5.84.
- The average cost of a successful initiative or veto referendum petition drive was $1,000,081.23 across the 17 states featuring such measures in 2016.
- The average CPRS across the 17 states with initiatives or referendums was $5.63.
Campaign contributions
- See also: Ballot measure campaign finance, 2016
- Note: Campaign finance filing deadlines for the 2016 election cycle vary per state and some final deadlines extend into late February of 2017, which means complete campaign finance data for ballot measure campaigns in 2016 is not currently available. The information below is based on the campaign finance filings available as of December 14, 2016.
- Ballotpedia tracks all donations received by committees registered to support or oppose ballot measures. In certain instances, the same committee registered to support or oppose more than one ballot measure, which means that some contributions are duplicated and the total support and opposition contributions listed can be slightly higher than the total amount of money that was actually spent.
This section provides information about the contributions towards support and opposition campaigns surrounding 2016 ballot measures. Ballot measure campaign contributions are analyzed according to total contributions for a given campaign and according to the contributions per vote.
Total contributions
Ballotpedia tracked about $970 million in contributions to ballot measure campaigns for the 162 statewide measures that were put before voters across 35 states in 2016. Of those measures, 116 featured supporters and opponents that raised money for their campaigns, according to campaign finance filings available as of December 14, 2016. Support campaigns raised about $580 million, while opposition campaigns raised about $389 million. Citizen initiatives and veto referendums pulled in the majority of contributions with more than $903 million in contributions to support and opposition campaigns. In comparison, legislatively referred constitutional amendments have raised about $67 million.
| Measure | Support | Opposition | Total | Status |
|---|---|---|---|---|
| California Prop. 61: Drug Price Initiative | $19,064,691.92 | $109,033,854.64 | $128,098,546.56 | |
| California Prop. 56: Tabacco Tax | $35,521,944.85 | $71,261,719.99 | $106,783,664.84 | |
| California Prop. 52: Hospital Fees and Medi-Cal | $60,283,233.65 | $11,562,866.05 | $71,846,099.70 | |
| California Prop. 55: Prop. 30 extension | $58,712,876.56 | $3,000.00 | $58,715,876.56 | |
| Oregon Measure 97: Business Tax | $18,847,082.15 | $28,038,124.34 | $46,885,206.49 | |
| Massachusetts Question 2: Charter Schools Expansion | $27,022,737.59 | $17,163,679.26 | $44,186,416.85 | |
| Florida Amendment 1: Solar Energy | $26,368,925.00 | $2,442,288.10 | $28,811,213.10 | |
| California Prop. 53: Voter Approval of Bonds | $6,034,330.62 | $22,672,622.44 | $28,706,953.06 | |
| California Prop. 66: Death Penalty Procedures | $13,059,516.11 | $14,005,875.57 | $27,065,391.68 | |
| Nevada Question 1: Background Checks | $19,720,674.58 | $6,628,275.09 | $26,348,949.67 | |
Contributions by topic
The following issues spurred the most campaign spending in 2016:
- Healthcare measures featured campaigns that raised about 22 percent of all campaign contributions surrounding ballot measures in 2016 with a total of over $213 million.
- Tobacco measures featured campaigns that raised about $155 million.
- Proponents and opponents of education-related measures have raised about $89 million.
- Marijuana measure campaigns—both recreational and medical—have raised $67.9 million.
- Other topics that triggered significant contributions include the following:
- Law enforcement - $53 million
- Firearms - $43 million
- Energy - $37.5 million.
Contributions by state
Of the 35 states featuring statewide ballot measures in 2016, 29 also featured campaigns with contributions reported according to state campaign finance reports available as of December 14, 2016; no contributions to ballot measure campaigns were reported in six states:
The most money was contributed to ballot measure campaigns in California, where a total of about $528 million was tracked, counting contributions to committees registered to support or oppose multiple measures once for each measure. When these duplicated funds are removed, the total was about $494 million. Of the states with reported campaign finance activity, the least money was spent by supporters and opponents of ballot measures in Alabama, which featured 15 measures, all of which were put on the ballot by the legislature.
Most contributed:
Below are the states in which more than $20 million was contributed to ballot measure campaigns, according to reports available as of December 14, 2016:
| State | Support | Opposition | Total | # of measures | Average per measure |
|---|---|---|---|---|---|
| California | $281,964,505.57 | $245,979,367 | $527,943,872[51] | 18 | $131,985,968 |
| Oregon | $37,747,117 | $28,038,124 | $65,785,242 | 7 | $16,446,310 |
| Massachusetts | $41,040,750 | $20,628,349 | $61,669,099 | 4 | $15,417,275 |
| Colorado | $31,073,805 | $28,909,362 | $59,983,167 | 9 | $14,995,792 |
| Nevada | $27,715,400 | $11,009,775 | $38,725,175 | 4 | $9,681,294 |
| Missouri | $26,261,566 | $5,982,146 | $32,243,712 | 6 | $8,060,928 |
| Florida | $26,512,976 | $2,447,116 | $28,960,092 | 5 | $7,240,023 |
| New Jersey | $10,340,045 | $13,697,000 | $24,037,045 | 2 | $6,009,261 |
| Arizona | $15,401,074 | $5,681,187 | $21,082,261 | 4 | $5,270,565 |
More than $19 million was spent on ballot measure campaigns in both Maine and Washington and final campaign finance reports have not been filed in those states as of December 14, 2016.
Least contributed:
Below are the states in which less than $1 million but more than $0 was contributed to ballot measure campaigns, according to reports available as of December 14, 2016:
| State | Support | Opposition | Total | # of measures | Average per measure |
|---|---|---|---|---|---|
| New Mexico | $322,054 | $0 | $322,054 | 5 | $80,514 |
| Louisiana | $274,850 | $0 | $274,850 | 6 | $68,713 |
| Pennsylvania | $128,291 | $85,316 | $213,607 | 2 | $53,402 |
| Idaho | $118,400 | $0 | $118,400 | 1 | $29,600 |
| Wyoming | $58,376 | $0 | $58,376 | 1 | $14,594 |
| Virginia | $30,585 | $17,494 | $48,080 | 2 | $12,020 |
| Alabama | $39,410 | $0 | $39,410 | 15 | $9,853 |
David and Goliath races
Of the 162 statewide measures on the ballot in 2016, campaigns surrounding 109 of them featured at least $20,000 in total contributions, as of reports available on December 14, 2016. Many of the 53 ballot measure races with less than $20,000 spent were measures that did not have very active support or opposition campaigns. Out of the 109 measures that spurred significant campaign contributions, 102 were unbalanced from a campaign finance perspective, meaning that the difference between the war chests on each side was a significant percentage (20 percent or more) of the total spent. In many cases, one side spent millions or tens of millions of dollars more than the other. Out of those 102 races, the side with more money won 77 of them—75 percent:
- Total statewide ballot measures: 162
- Unbalanced campaign finance: 102
- Balanced campaign finance: 7
- No data or minor campaign spending: 53
- Out of the 102 unbalanced races in which campaign finance data was available and more than $20,000 was contributed to campaigns in support or opposition of the measures, the breakdown of victories and losses is below:
- Victories after greater spending: 77
- Losses after greater spending: 25
Contributions per vote
One method for analyzing the effectiveness of campaigns is to look at the size of their funds relative to the number of votes their position received. This is a "contributions per votes" (CPV) amount. The tables below explore this comparison. As of December 14, 2016, campaign finance is up to date. However, a number of states still have one more filing deadline, meaning the CPV amounts could still increase.
Support
The highest CPV amount for a campaign supporting a ballot measure was $35.30. The campaign was Nevadans for Background Checks, which backed Nevada Question 1, and it raised $19,720,674.58. The measure was narrowly approved with 558,631 votes.
The following table illustrates the support campaigns with the highest CPV amounts. Five of the six are ballot initiative and one, Rhode Island Question 1, is a legislative referral.
| Measure | Status | Support | Opposition | Difference |
|---|---|---|---|---|
| Nevada Question 1 | |
$35.30 | $12.08 | $23.22 |
| Oregon Measure 97 | |
$23.32 | $24.07 | -$0.76 |
| Massachusetts Question 2 | |
$22.13 | $8.56 | $13.56 |
| Rhode Island Question 1 | |
$20.68 | $0.00 | $20.68 |
| Maine Question 3 | |
$16.48 | $2.58 | $13.90 |
| South Dakota Amendment U | |
$14.39 | $0.08 | $14.31 |
Opposition
The highest CPV amount for a campaign opposing a ballot measure was for No On Measure 97, which opposed Oregon Measure 97. With a CPV of $24.07, the "No" campaign raised $28,038,124 and received 1,164,658 votes.
The following table illustrates the opposition campaigns with the highest CPV amounts. All five are ballot initiatives.
| Measure | Status | Support | Opposition | Difference |
|---|---|---|---|---|
| Oregon Measure 97 | |
$23.32 | $24.07 | -$0.76 |
| North Dakota Measure 4 | |
$0.17 | $17.31 | -$17.14 |
| California Proposition 61 | |
$3.05 | $15.34 | -$12.29 |
| South Dakota Measure 21 | |
$0.26 | $14.45 | -$14.19 |
| California Proposition 56 | |
$3.96 | $14.37 | -$10.42 |
Difference
The greatest difference between the CPV amounts of support and oppositions campaigns for the same measure is for Nevada Question 1, which was approved. Supporters had a CPV of $35.30, and opponents had a CPV of $12.08. The difference between the two scores was $23.22. While supporters were able to pull off a narrow victory, the CPV difference shows that their campaign raised more per vote than the opposition campaign.
The following table illustrates the largest differences between the CPV amounts of support and opposition campaigns. Only measures that had both support and opposition campaigns are included. All five measures are ballot initiatives.
| Measure | Status | Support | Opposition | Difference |
|---|---|---|---|---|
| Nevada Question 1 | |
$35.30 | $12.08 | $23.22 |
| North Dakota Measure 4 | |
$0.17 | $17.31 | -$17.14 |
| South Dakota Amendment U | |
$14.39 | $0.08 | $14.31 |
| South Dakota Measure 21 | |
$0.26 | $14.45 | -$14.19 |
| Maine Question 3 | |
$16.48 | $2.58 | $13.90 |
Bond and tax issues on the ballot
Below is a summary of the bond and tax issues that appeared on the 2016 statewide ballots:
Bond issues
Bonds in 2016 
| |
| Total bond measures: | 13 |
| Approved: | 12 |
| Defeated: | 1 |
The following are statistics of bond issues that were on the ballot in 2016. Only ballot measures that specified the amount of bonds that would be issued in its ballot text were included in this study.
The following chart shows the total amount of potential authorized bonds that were on the ballot in 2016 and how much money was approved versus how much was defeated. Voters approved 12 of the 13 bond measures.
Bond issues appeared on primary and general election ballots in California, Maine, Montana, New Mexico, North Carolina, and Rhode Island.
| Total amount on 2016 ballot | Approved total amount | Defeated total amount |
|---|---|---|
| $11,533,659,000 | $11,513,659,000 | $20,000,000 |
Tax issues
There were 27 ballot measures addressing taxes in 14 states in 2016. Measures related to state taxes appeared on the ballot in California, Colorado, Florida, Georgia, Louisiana, Maine, Missouri, Nevada, North Dakota, Oklahoma, Oregon, Utah, Virginia, and Washington.
| Tax proposals | Business | Cigarette | Income | Inheritance | Property | Real estate | Sales | Other | Approved
|
Defeated
|
|---|---|---|---|---|---|---|---|---|---|---|
| Ban | - | - | - | - | - | - | - | - | 0 | 0 |
| Break | - | - | - | - | - | - | - | - | 0 | 0 |
| Cap | - | - | - | - | - | - | 1 | - | 1 | 0 |
| Decrease | - | - | - | - | - | - | - | - | 0 | 0 |
| Dedication | - | - | - | - | - | - | 1 | 3 | 4 | 0 |
| Discount | - | - | - | - | - | - | - | - | 0 | 0 |
| Establishment | - | - | - | - | - | - | - | 2 | 1 | 1 |
| Exemption | - | - | - | - | 7 | - | 1 | - | 6 | 2 |
| Increase | 1 | 4 | 1 | - | - | - | 2 | - | 1 | 7 |
| Renewal | - | - | 1 | - | - | - | 1 | - | 2 | 0 |
| Other | 1 | - | - | - | - | - | 1 | - | 1 | 1 |
Note: Measures classified as "dedication" measures include lockboxes. A lockbox measure requires that funds raised for or by a certain purpose must be spent in that general area as well. The overall concept of a "lockbox" is to prevent fees and other revenue that is generated through one use from ending up in the state's general operations budget, instead ensuring that those funds are spent in a way related to how they were generated.
Footnotes
- ↑ Fox Business, "Is Donald Trump Declaring War On Marijuana?" November 27, 2016
- ↑ Politico, "Jeff Sessions’ Coming War on Legal Marijuana," December 5, 2016
- ↑ 3.0 3.1 Washington Post, "What the future of marijuana legalization could look like under President Trump," November 9, 2016
- ↑ Washington Post, "Trump softens position on marijuana legalization," October 29, 2015
- ↑ Arizona Secretary of State, "Ballot Measure Search," accessed November 29, 2016
- ↑ California Secretary of State Cal-Access Database, "Proposition 64 - Marijuana Legalization. Initiative Statute," accessed November 15, 2016
- ↑ Bloomberg, "Marijuana Legalization Across U.S. May Hinge on 2016 California Vote," April 13, 2015
- ↑ The Atlantic, "Marijuana's Moment," October 11, 2016
- ↑ Rolling Stone, "The Pot Law That Could Be 'Deal-Breaker for the Drug War,'" July 5, 2016
- ↑ Portland Press Herald, "Recounts to start soon on marijuana, tax surcharge referendums," November 28, 2016
- ↑ Massachusetts Office of Campaign & Political Finance, "Ballot Question Reports," accessed November 29, 2016
- ↑ Nevada Secretary of State, "AURORA Campaign Finance Disclosure," accessed November 29, 2016
- ↑ Southwest Times Record, "Medical marijuana proposal to appear on Arkansas ballot," July 7, 2016
- ↑ Arkansas Supreme Court, "Ruling: Benca v. Martin," October 27, 2016
- ↑ WFLA, "What’s next now that Amendment 2 has passed?" November 9, 2016
- ↑ Mic, "Marijuana legalization Montana 2016: Here's what to know about state's I-182 initiative," September 15, 2016
- ↑ KBZK, "Big drop reported in Montana medical marijuana registry numbers," November 3, 2016
- ↑ North Dakota Secretary of State, "Campaign Finance," accessed November 29, 2016
- ↑ Colorado Secretary of State, "Colorado Families for a Fair Wage," accessed November 17, 2016
- ↑ Colorado Secretary of State, "Keep Colorado Working," accessed November 17, 2016
- ↑ Maine Public, "LePage Asks Lawmakers For Changes in Minimum Wage, Education Ballot Initiatives," November 28, 2016
- ↑ Public Disclosure Commission, "Raise Up WA," accessed November 17, 2016
- ↑ Cal-Access, "Proposition 63 - Firearms. Ammunition Sales. Initiative Statute," accessed November 15, 2016
- ↑ The Fresno Bee, "Proposition 63 won’t keep Californians any safer from gun violence," October 12, 2016
- ↑ Orange County Register, "Editorial: Vote no on Proposition 63," October 12, 2016
- ↑ The Mercury News, "Mercury News editorial: California's gun control opportunity," May 20, 2016
- ↑ 27.0 27.1 Maine Commission on Government Ethics and Election Practices, "Ballot Questions," accessed June 20, 2016
- ↑ Nevada Secretary of State, "Campaign Finance Disclosure," accessed November 17, 2016
- ↑ Nevada Secretary of State, "Campaign Finance Disclosure," accessed November 17, 2016
- ↑ Washington Public Disclosure Commission, "Alliance for Gun Responsibility Erp. Comm.," accessed November 17, 2016
- ↑ Yes on 62, "Endorsements," accessed August 14, 2016
- ↑ Cal-Access, "Proposition 066 - Death Penalty. Procedures. Initiative Statute," accessed November 15, 2016
- ↑ Washington Post, "Nebraska lawmakers abolish the death penalty, narrowly overriding governor’s veto," May 27, 2015
- ↑ Wall Street Journal, “Nevada Voters Weigh Deregulation of Electricity Market,” October 18, 2016
- ↑ California Secretary of State, "Campaign Finance for Californians for Quality Schools," accessed November 15, 2016
- ↑ California Secretary of State, "Campaign Finance: SB 1174 (Chapter 753, Statutes of 2014), Lara. English Language Education," accessed November 15, 2016
- ↑ MassLive, "Sen. Elizabeth Warren opposing Question 2 on charter schools," September 27, 2016
- ↑ Herald News, "Sen. Rodrigues backs ballot question adding more charter schools to state," July 17, 2016
- ↑ Massachusetts Office of Campaign & Political Finance, "Ballot Question Reports," accessed November 29, 2016
- ↑ Oklahoma Ethics Commission, "The Guardian Committee Search," accessed November 17, 2016
- ↑ Bend Bulletin, "Editorial: Vote for Measure 98," September 18, 2016
- ↑ Note: Two advisory questions were automatically triggered by legislation in Washington. These were counted in the section on advisory questions.
- ↑ This includes combined initiated constitutional amendment and state statutes.
- ↑ Washington Post, "Voter turnout in 2014 was the lowest since WWII," November 10, 2014
- ↑ Al Jazeera America, "Actual election turnout far lower than reported," November 5, 2015
- ↑ San Francisco Chronicle, "2016 election poised for initiative avalanche," December 11, 2014
- ↑ Los Angeles Daily News, "Expect a ballot initiative carnival in 2016: Thomas Elias," February 16, 2015
- ↑ Note: The exact figure is $76,855,137.55. This amount is subject to change based the results of a pending lawsuit.
- ↑ Note: Many more signatures than that were collected. 13.7 million is the minimum number of valid signatures that were required.
- ↑ The exact figure is $6,622,935.93.
- ↑ Note: Once duplicate contributions caused by committees registered to support or oppose multiple measures are subtracted out, this total amounts to $494 million.
