2011 Ballot Measures Preview

NEW! Read a summary of ballot measure results.

October 24, 2011

Odd years are typically fairly quiet when it comes to ballot measures, and 2011 follows this trend, with just 34 measures on the ballot in nine states. Many states don't hold statewide elections in odd years, and in those that do, laws generally prohibit ballot measures from appearing on the ballot. One rather unusual characteristic of this year's ballot measure elections is the fact that they are spread out over a month: 

• October 22:  Louisiana voters consider two measures in the gubernatorial primary election.
• November 1:  Colorado voters consider one measure a week earlier than the state's typical election day, thanks to a quirk in the wording of the Taxpayers' Bill of Rights that places odd-year ballot measure votes on the first Tuesday in November, rather than the first Tuesday after the first Monday.
• November 8:  General election day in most states, when voters in seven states consider 27 statewide measures.
• November 19: Louisiana voters consider four measures in the gubernatorial general election.

Mississippi voters will consider three initiatives this year. Mississippi is the newest initiative state -- they enacted the initiative process in 1992, and the first initiative appeared on the ballot in 1995. Before 2011, Mississippi had seen just two initiatives on the ballot, both dealing with legislative term limits, and both rejected by voters. They'll more than double their total number of initiatives with three appearing on the ballot this year.

Number of Measures on the Ballot

During the period 2001- 2011, the number of measures occurring on odd-year ballots averaged 43.7, with the highwater mark falling in 2003, when there were 68 measures on statewide ballots (Louisiana and Texas were largely responsible for the spike in numbers that year, with 15 measures on the Louisiana ballot and 22 in Texas).

Odd-year elections averaged 20.6 citizen-initiated measures during that time period. Citizen-initiated measures include initiated laws and constitutional amendments, as well as popular referenda -- citizen-initiated votes on new laws passed by the legislature. This year, the proportion of measures that come from the citizen initiative and popular referendum processes is slightly higher, at 35.3%. That includes ten initiatives and two popular referenda.

Measures on Statewide Ballots (total measures during the calendar year)

Source: National Conference of State Legislatures, October 2011

This Year's Big Issues

Among the notable issues on the ballot this year are two popular referenda, three statewide bond proposals, and a handful of proposals dealing with taxes, higher education, gaming and elections.

Popular Referenda

This year's crop of ballot measures features two popular referenda (citizen-initiated efforts to over turn new laws passed by the legislature before they have a chance to take effect). There were also two popular referenda on the ballot in 2009 and 2007, one in 2005, and none in 2003 and 2001. It is a rather rarely-used tool, although it is available to voters of 23 states. This year, the two popular referenda are on the ballot in Maine in Ohio.

• Maine:  Maine's popular referendum (called a "people's veto" in Maine) deals with election day registration. The law in Maine since 1973, election day registration allows a qualified individual to register and vote on election day. In most states, voter registration closes several weeks in advance of the election. This year's legislature repealed election day registration in Maine, and if voters vote "yes" on Question 1 on November 8, they will overturn the new law and election day registration will remain in effect in Maine.
• Ohio:  In Ohio, voters have gathered enough signatures to trigger a popular vote on SB 5, which dealt with public employee unions and collective bargaining. In Ohio's November 8 vote on Issue 2, a "no" vote will overturn the new law and retain the state's public employee union laws as they were before this year's SB 5.

Popular referenda can be confusing to follow. The results of a yes vs. no vote vary according to how states phrase the ballot question. Here's the key to following this year's two popular referenda:

• In Maine, "yes" means repeal the new law and go back to the old law, keeping election day registration. A "no" vote would allow the legislature's repeal of election day registration to take effect.
• In Ohio, "yes" means keep the new law and change how public employee unions can engage in collective bargaining. A "no" vote would keep the new law regulating unions from taking effect.

Bonds

A total of $6.8 billion in proposed state bonds will appear on the ballot in two states this November 8. While local bonding questions are common in odd years (NCSL does not track local measures), the same is not true of statewide bonds. In 2009, just $671,250,000 was proposed, all of which was approved by voters. In 2007, about $10.5 billion was proposed, and just under $10.1 billion of that was approved. It is generally safe to say that voters remain receptive toward proposed state bonds even in a difficult economy; whether that continues to hold true this year remains to be seen.

*Increases existing bonding authority $125 million per year to $350 million per year.

Taxes

The highest-profile and most controversial tax measure on the ballot this year comes from Colorado. Proposition 103 would temporarily increase sales and income taxes to fund public education in the state. The state sales tax would go up from 2.9% to 3.0% for five years, beginning on January 1, 2012. The state income tax rate would increase from 4.63% to 5.0% for the tax years 2012 through 2016. The new revenue would go to public education from preschool through post-secondary, and would be allocated according to existing state budgeting procedures.

Education funding has been a hot topic in Colorado this year, with the state's new Democratic governor proposing a net reduction of $332 million in education spending this year, the largest-ever cut to public education in the state. Proposition 103 was sponsored by State Senator Rollie Heath, who opposed the governor's education cuts.

Note that Colorado's general election is November 1 this year, rather than the November 8 date most states are using.

Higher Education

Three states will consider questions dealing with higher education this year:

• In Louisiana, voters approved Amendment 1 on October 22, dedicating future tobacco settlement revenues to a program providing scholarships to students attending Louisana post-secondary institutions.
• In Texas, a bond measure would providing additional funding for higher educational loans.
• Colorado voters fact the most controversial question related to higher ed -- Proposition 103 would temporarily increase sales and income taxes to fund public education in the state.

Gambling

Two states will consider three questions related to gambling this year.

• Maine voters face a pair of initiatives: Question 2 would allow slot machines at racetracks in certain communities, while Question 3 would permit a casino in Lewiston. It is estimated that both measures combined would bring about $40.6 million in new revenue to the state's general fund, and another $40.6 million to various other funds.
• In New Jersey, the legislature is asking voters to allow betting on sports and athletic events in the state. Currently, federal law permits this only in Delaware and Nevada, so federal law would have to change before New Jersey's constitutional amendment could take effect, even if New Jersey voters say yes on November 8.

Elections

Besides Maine's vote on same-day registration, there is one more high-profile elections issue on the ballot this year. Mississippi voters will weigh in on the year's most contentious elections issue, voter ID. The initiative on the November 8 ballot would create a strict photo ID requirement, similar to those passed by legislatures in five states this year. If Initiative 27 is approved by voters, Mississippi will become the 31st state with a voter ID requirement and the eighth with a strict photo ID requirement. Learn more about voter ID.

For More Information

For more information on ballot measures, contact Jennie Drage Bowser in NCSL's Denver office.