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ELECTIONS

Something for Everyone

edistricting reform, Medicaid expan- Done and Dusted From funding sion, tax limits, a range of election and Voters in eight states have already decided schools to limiting ethics issues, and an uncommon spread the fate of 11 measures. Oregonians approved Rof hot-button topics are making this the first measure in January—a Medic- taxes (forever), voters year’s statewide ballot measures more than a aid-funding tax increase. voters little interesting. Of course, some of the usual approved four of five on a range of issues. will weigh in on a suspects are lined up for voters to pick from. voters used and approved ranked- Beyond those, there’s something for just about choice voting—on the same ballot. wide array of ballot everybody. citizens legalized medical marijuana. Wiscon- measures this year. As of early September, 102 constitutional sinites decided not to eliminate the position of amendments, 46 statutory changes and 19 state treasurer. became the first state to bonds had been certified to appear on Novem- enact redistricting reform. And in the last mea- ber’s ballots in 39 states (including the District sure voted on before November, Missourians of Columbia). Citizens worked to get 63 initia- vetoed new right-to-work legislation the legis- tives and five popular on the bal- lature had passed earlier in the year through a BY PATRICK R. lots in 22 states. Legislatures sent 92 referen- popular . POTYONDY dums back to voters to decide in 31. And we’re If these measures foretell November’s not done. There’s still time, as this issue goes results, marijuana will be legalized in more to press, for a few more to jump in or out (via states, redistricting reform will spread, Med- legal challenges). This year is roughly on par icaid will be expanded, infrastructure will be with previous non-presidential midterm elec- supported, and bond measures will stroll into Patrick R. Potyondy is a Mellon-ACLS public tions. Although citizen were down enactment. Given recent history, however, a fellow and a legislative policy specialist with to 35 in 2014, 2016 reversed that trend with a citizen has about a 50-50 chance of NCSL’s Elections and Redistricting Program. strong showing of 72. passage, while legislative referendums hold bet-

STATE LEGISLATURES 15 SEPTEMBER/OCTOBER 2018 ELECTIONS

port. ’s measure, for example, has ing question about a fuel tax (). Defining the Measures won the endorsement from the Republican On the other side of the tax coin, the Legislative Referral or Legislative senate president, the Democratic house trend continues to limit the ability of leg- Referendum: Measures “referred” to the speaker and the two state party chairs. islatures to raise revenue. Proposed mea- ballot by legislatures to be approved by sures in Florida and would require the people. Referrals to the people are Medicaid and More two-thirds and three-fifths votes, respec- required in 49 states if the legislature After attempts to expand Medicaid tively, to increase taxes. North Carolina’s proposes a change to the state through the legislature failed in the 17 would lower the maximum income tax. constitution. Some states allow referrals to change the code. states that have not expanded coverage California might require voter approval through the Affordable Care Act, some to raise the gas tax in the future. And in Citizen Initiative: Measures placed on citizens have turned to ballot measures. a similar vein, Indiana will consider a the ballot by voters, advocacy groups or , and Utah have approved balanced-budget amendment, though the businesses who’ve convinced enough measures to allow for full Medicaid expan- constitution already limits the state from registered voters to sign a petition. sion under the federal law. Maine voters taking on debt. did so last year and strongly approved Popular Referendum or Popular Veto: expansion in November 2017. Housing Measures that can overturn or veto a As America ages, states face the enor- As the nation continues to grapple with law passed by the legislature. Placed on mous challenge of meeting the needs of the housing costs, several states have placed the ballot by voters, advocacy groups or elderly. A 2018 Maine measure proposes a notable measures on the ballot. Califor- businesses who’ve convinced enough registered voters to sign a petition. tax on annual incomes above $128,400 and nians will decide on whether to repeal the on nonwage income like stock dividends Costa-Hawkins Rental Housing Act, which and interest to fund a universal home care limited the ability of local governments to ter odds, at 3-to-1. Below is a breakdown program for people with disabilities and enact rent control. The Golden State will by topic and theme of most of November’s senior citizens. Californians will decide also vote on the homelessness prevention measures. whether to limit revenue for dialysis compa- bonds noted above and an additional nies with refunds above a certain level going bond measure for veterans and affordable Elections and Officeholders back to insurers and patients. housing. Oregon may expand the ability of There are a surprising 10 election-related municipal corporations to fund privately issues this year, including photo voter ID Tax Revenues owned affordable housing developments. in and North Carolina, auto- The list of communities, programs and matic voter registration in , elec- infrastructure that bonds might support Energy and Environmental tion-day registration in , and is long. Several states are considering Protection an amendment that would re-enfranchise additional ways to increase revenue for On the renewable energy frontier, Ari- individuals with felony convictions in Flor- numerous projects, often by proposing zona and Nevada will vote on whether to ida—amounting to roughly 25 percent of that the wealthy pay a larger share. Sim- require that 50 percent of electricity comes that state’s otherwise eligible black voting ilar to Maine’s health care measure in from renewable sources by 2030. Washing- population. Nine states are deciding on its overall approach, California’s Prop- ton may initiate the country’s first fee on often-interconnected issues of ethics, lob- osition 2 would apply a 1 percent tax on carbon emissions. is considering bying and campaign finance, while Arkan- incomes over $1 million to fund home- requiring long-term protection plans for sas will once again consider revising term lessness prevention bonds. Coloradans new mines. And ponders the pros limits, from 16 to 10 years. Colorado might will decide whether to tax incomes above and cons of more restrictive permitting on lower the age restrictions to become a leg- a high threshold; Arizonans almost had industry to protect salmon waters. Hydrau- islator. the chance before a similar measure was lic fracturing, or fracking, has taken center successfully removed due to a challenge in stage in Colorado. One initiative would Redistricting Reforms court. Meanwhile, Hawaiians will consider limit how close oil and gas mining can be Along with Ohio, which passed redis- a surcharge on investment properties. All to homes, schools and other designated tricting reform in May, Colorado, Michi- would help fund public education. Other vulnerable lands like rivers and parks. In gan, and Utah will also weigh in states are looking to fund schools via taxes reaction to that measure, Colorado vot- on changing how their political maps are on tobacco (), gambling rev- ers will also decide whether to approve a drawn. Although three of the six measures enue (Maryland), bonds (Rhode Island, far-reaching amendment that would com- are legislative referendums, the pressure and New Jersey), allowing pensate private property owners for any for change is clearly coming from advo- local government to ask for a tax increase decreased property value due to any gov- cacy groups. Several have bipartisan sup- (Georgia and Oklahoma), and a nonbind- ernment regulations.

SEPTEMBER/OCTOBER 2018 16 STATE LEGISLATURES ELECTIONS

BALLOT MEASURES By the Numbers 16 The number of 2018 ballot measures in California, the most of any state. 12 States with no ballot measures. 24 States that allow citizen initiatives. 23 States that allow popular referendums. 18 States that allow citizen initiatives to change the state constitution. 21 States that allow citizen initiatives to change state statutes.

Transportation ery, as punishment for a crime. Ohioans will have the chance to prohibit taxing feminine Two states have transportation lockbox decide whether to fund drug treatment and hygiene products, often called the “pink amendments on the ballot this year. These rehabilitation programs from the savings tax.” Colorado may restrict the annual inter- require certain transportation taxes and gained by decriminalizing drug possession est rate and fees that payday lenders charge. fees be used for transportation purposes. and by banning courts from sending individ- Oregonians may repeal a 30-year-old statute California already passed its measure ear- uals on probation to prison for noncriminal that limits the ability of local and state law lier in the year. Connecticut will vote on its violations. If Louisiana’s Amendment 2 is enforcement to enforce federal immigration in November. California will also consider approved, it would leave Oregon as the only laws. , after an unsuccessful repealing a 2017 gas tax. Coloradans will state that does not require unanimous jury legal challenge, will consider a gun safety vote on two indirectly competing mea- approval to convict. And a far-reaching pro- measure after all. And in a popular refer- sures to fund transportation. The more posal in Washington could make changes to endum that also survived a court challenge, ambitious measure raises revenues through police training and to the potential prosecu- ’s voters will have the opportunity to taxes and bonds, while the other simply tion of officers who use deadly force. veto a school voucher expansion law. reallocates existing money from the state’s Whether any given measure will pass is general fund toward roads. Maine mean- Other Notables far from certain. But this year’s crop of ini- while will consider a transportation bond. Several other measures across the states tiatives and referendums ensures that plenty are bound to stir up the electorate. Ala- of big issues will be in play nationwide. Criminal Justice bama, Oregon and West Virginia have mea- Marsy’s Law, known as a crime victims sures restricting abortion. Alabamans will Dig Into the Details bill of rights, is on the ballot in six states. consider authorizing the display of the Ten To see what’s on the ballot in states South Dakotans amended their version, Commandments on public property. Massa- across the country, check out NCSL’s originally passed in 2016. Coloradans may chusetts voters have the chance to overturn Statewide Ballot Measure Database. Go decide that their constitution should no lon- a 2016 law that bans discrimination based to ncsl.org and click on “Research,” then ger tolerate the use of forced labor, or slav- on an individual’s gender. Nevadans will “Elections and Campaigns.”

STATE LEGISLATURES 17 SEPTEMBER/OCTOBER 2018