2008 Ballot Measure Results
November 13, 2008 10:50 am MDT - Jennie Drage Bowser
Cruising under the radar of the most exciting presidential election in memory on November 4 were 153 ballot measures on statewide ballots around the country. Voters were faced with important and sometimes complex questions addressing taxes, social issues, health care, education, gambling, and a wide array of other issues.
Of the 59 citizen initiatives on the ballot, voters approved 25 and rejected 34. On average, 49.4% of the initiatives on the ballot between 1996 and 2006 were approved by voters. This year, voters approved just 42 percent of the initiatives on the ballot.
There were two popular referenda on the ballot this year. Voters in Maine rejected a legislative measure that would have increased taxes on the beverage industry in order to fund the state's health care program. In Ohio, voters upheld a legislative measure that regulates the payday loan industry.
Of the 84 measures referred by state legislatures, voters approved 61 and rejected 23. 77.1% of the legislative measures on statewide ballots between 1996 and 2006 were approved. This year, 73 percent were approved.
Voters rejected all three constitutional convention questions (Connecticut, Hawaii, and Illinois).
How the key issues fared:
Same-Sex Marriage Bans
Of the 29 states that voted on banning same-sex marriage between 1998 and 2006, just one state voted no (Arizona, in 2006). Voters' negative attitude toward same-sex marriage remained strong this year, with voters in Arizona, California and Florida approving bans. Voters in Arkansas approved a measure that prohibits unmarried couples -- both same-sex and opposite-sex -- from adopting or becoming foster parents.
Abortion
There were 23 statewide votes on abortion restrictions between 1982 and 2006; voters approved just five of these. That mood prevailed yesterday too, with all three abortion bans on statewide ballots failing to pass. This was the third time California voters have rejected a measure requiring parental notification and a waiting period for a minor's abortion (the first two votes were in 2005 and 2006), and the second time South Dakota voters have rejected an abortion ban. Colorado's vote was a new twist in the abortion battle -- it would have defined "personhood" as beginning at the moment of fertilization, thereby criminalizing abortion.
Taxes
Voters rejected all three of the major tax cuts on the ballot on November 4. A proposal in Massachusetts would have eliminated the state's personal income tax, cutting state revenues by an estimated 40 percent. Voters rejected a nearly identical measure in 2002. A North Dakota proposal would have cut the personal income tax rate in half, and cut the corporate income tax rate by 15 percent. A measure in Oregon would have removed the cap on how much of their federal income taxes Oregon taxpayers could deduct on their state income taxes. It would have reduced state revenues by about 14 percent by 2011. Oregon voters rejected an identical proposal in 2000.
Voters were also hesitant to raise taxes in a difficult economy. Colorado voters rejected three proposed tax hikes -- a sales tax increase to fund services for people with developmental disabilities, an increase in severance taxes paid by the oil and gas industry, and an end to rebates taxpayers receive when the state takes in revenue beyond its annually-adjusted cap. Florida voters rejected a measure that would have allowed county voters to approve a sales tax to benefit community colleges. Voters in Minnesota and Montana approved taxes -- in Minnesota, it was a sales tax hike to fund natural resources and the arts, and in Montana, it was a mill levy to fund the state university system. Montana voters have approved the levy every ten years since 1920.
Gambling and Lotteries
Results were mixed in this category. However, all of the gaming measures approved by voters on November 4 will provide new revenue for education. Arkansas voters approved a new state lottery whose revenue will fund college scholarships for Arkansas students. In Maryland, voters approved placing 15,000 slot machines around the state to fund education. Colorado and Missouri voters agreed to expand casino gambling in their states. The Colorado proposal raises the maximum bet limit and directs the new revenue to community colleges. The Missouri proposal prohibits the construction of any new casinos, raises the tax on casino revenues from 20 to 21 percent, and dedicates the new revenue to education. In Maine and Ohio, voters rejected proposals that would have allowed a single new casino in each state. Massachusetts voters approved a ban on greyhound racing.
Bond Measures
Voters in eight states considered 15 statewide bonding proposals totaling just under $18.4 billion yesterday, and approved all but one (a $5 billion renewable energy measure in California). Voters approved $13.36 billion in statewide bonding on November 4, 72.8 percent of the total dollars proposed. Voters are generally receptive to bond measures, so this year's results are not unusual.
Renewable Energy
California and Colorado voters rejected renewable energy measures on November 4, while Florida and Missouri voters approved them. The measure approved in Florida allows homeowners to install renewable energy devices to their property without changing its value for tax purposes. Missouri voters approved a measure requiring investor-owned utilities to purchase or produce at least 15 percent of their electricity from renewable sources by 2021.
Voters in California rejected two measures related to renewable energy. Proposition 7 would have required publicly-owned utilities to purchase or produce half their power from renewable sources by 2025. Voters may have feared that this measure would translate into a price increase on home energy bills. Proposition 10 would have authorized the state to sell $5 billion in bonds to fund various renewable energy, alternative fuel, energy efficiency and air emissions reduction programs. In this case, voters may have been overwhelmed by the complexity of a measure addressing multiple programs. In Colorado, voters rejected Amendment 58, which would have increased taxes paid by the oil and gas industry, and directed a portion of the new revenues to projects promoting energy efficiency and the use of renewable energy. Like California voters with Prop. 7, Colorado voters may have rejected Amendment 58 out of fear that it would increase home energy bills in a difficult economy.
Anti-Affirmative Action
Colorado has become the first state to reject an anti-affirmative action proposal. Nebraska voters passed a similar measure. In recent years, voters in California, Michigan and Washington have approved anti-affirmative action measures.
Drug Policy
California voters have rejected a measure decriminalizing the possession of marijuana, while Massachusetts voters have approved a similar measure. Michigan voters approved a medical marijuana proposal.
Payday Loans
Voters in Arizona and Ohio rejected attempts by the payday loan industry to block regulation of their industry.
Legislatures
Many of the key measures addressing legislatures were rejected by voters on Nov. 4. Voters in South Dakota rejected a proposal that would have repealed the state's legislative term limits. Arizona voters rejected a pay raise for legislators. Colorado voters rejected a proposal to reduce the age of qualification for the legislature from 25 to 21 years.
Arkansas voters, however, agreed that their legislature should meet in annual session. Presently, the Arkansas General Assembly meets only in odd-numbered years. With the passage of Amendment 2, the General Assembly will hold budget sessions in each even-numbered year, beginning in 2010.
Elections
Voters in Connecticut and Maryland agreed to major changes in their election laws. Connecticut will become the 11th state to permit 17 year-olds to vote in a primary election if they will turn 18 by the date of the general election. And Maryland voters amended their constitution to permit no-excuse absentee and early voting. Oregon voters rejected a proposal to move to a Louisiana-style top-two primary election system.
For more information contact Jennie Drage Bowser in NCSL's Denver office.