2010 Ballot Measures Preview

Updated Sept. 22, 2010

Statewide ballots for Nov. 2 are finally taking shape. The only way the total count will change at this point is if a court intervenes to remove a question from a statewide ballot. 

In 36 states,155 measures have qualified for the November ballot, and another 24 measures have already appeared on primary and special election ballots. Historical trends are not holding true this year, with the number of citizen initiatives topping out at just 42.  Typically the total number of statewide ballot measures ends up in the neighborhood of 200, with around half of the total made up of citizen initiatives.

Qualified for 2010 Primary and Special Election Ballots

In most states, ballot questions are restricted to the November general election and cannot appear on primary ballots. Some state constitutions give the governor or the legislature the power to call a special election to consider ballot measures. In only four states can a citizen initiative appear on the ballot in any election (primary, special or general). In most of the remaining 20 initiative states, initiatives are restricted to the November ballot in even years.

Given the restrictions on primary and special election ballot measures, it is not surprising that just nine states have seen them this year.  A total of 24 measures appeared on the ballot before Nov. 2 in these states.

2010 Special Elections

Two states had ballot measures on special election ballots in 2010. On Jan. 26, Oregon voters approved two tax increase measures referred to the ballot by the Legislative Assembly. On May 18, Arizona voters approved a temporary tax increase, also referred to the ballot by the Legislature.

2010 Primary Elections

A total of 21 measures qualified for primary ballots in nine states.

• Alabama:  On June 1, voters rejected a legislative proposal to promote propane gas, financed by an assessment on the propane industry.
• Alaska: Voters considered two initiatives in the August 24 primary – a measure requiring parental notification before a minor may receive an abortion, and a measure prohibiting the use of public funds in campaigns and restricting campaign activity by government contractors. The abortion measure was approved, and the campaign finance measure rejected.
• California: Five measures appeared on the June primary ballot. Three are legislative referenda and two are citizen initiatives.
  • Prop. 13 (legislative) - tax break for seismic retrofitting (passed)
  • Prop. 14 (legislative) - open primaries (passed)
  • Prop. 15 (legislative) - public financing of elections (failed)
  • Prop. 16 (initiative) - 2/3 voter approval before local governments may expand electrical service (failed)
  • Prop. 17 (initiative) - permits insurance discounts for drivers with history of continuous insurance coverage (failed)
• Louisiana: Voters will consider two measures in the October 2 primary election.  Louisiana does not have an initiative process; therefore, both of these measures were referred to voters by the Legislature.  One would change the date on which the legislature convenes, and the other would provide that certain state employees are unclassified state civil servants.
• Maine:  Five measures appeared on the June 8 primary ballot:
  • People's veto to repeal a law passed in 2009 that lowers the income tax rate and makes up the lost revenue by changing sales taxes. Voters agreed that the bill should be repealed.
  • Four bond measures, all proposed by the legislature.  They would fund projects aimed at economic development and job creation, water quality, transportation and energy efficiency.  All four bond measures were approved by voters.
• Missouri:  A legislative referendum appeared on the August 3 ballot and was approved by about 71 percent of the voters participating in the primary.  It prohibits compelling participation by any person, employer or health care provider in a health care system.
• Nebraska: On May 11, voters approved a measure referred by the Legislature that enables local governments to support nonprofit enterprises. 
• Ohio:  Two legislative referenda appeared on the May 4 primary ballot, and voters approved both.  One is a $700 million bond issue to promote economic growth, and the other would change the location of the Columbus casino that voters approved in November 2009.
• Oregon:  Voters approved two legislative referenda in the May 18 primary.  One allows the state to issue bonds to match school district bonds.  The other continues and modernizes the existing authority for lowest cost borrowing by community colleges and public universities.

Qualified for the 2010 November Ballot

Citizen Initiatives

Among the 155 issues qualified for statewide ballots in November, 42 are citizen initiatives.  These address topics that are typically quite common in the initiative process, including:

• Drug policy (legalizing possession of marijuana and taxing its sale in California, legalizing medical marijuana in Arizona and South Dakota, and allowing the sale of medical marijuana through dispensaries in Oregon)
• Taxes and budgets
  • Three measures in Colorado, including cuts to property, motor vehicle, income and telecommunications taxes and a measure requiring voter approval for government debt.
  • A California initiative that would prohibit the state from using local government and transportation funds for other purposes.
  • A second California initiative that would change the legislative vote required to pass the budget from the current two-thirds to a simple majority.
  • In Massachusetts, one measure to repeal the sales tax on alcohol, and another to reduce the sales tax rate from 6.25 percent to 3 percent.
  • A Montana proposal to prohibit any new tax on real estate sales or transactions.
  • An Washington proposal to increase the income tax for high wage-earners, a second that would return the vote requirement for the Legislature to pass a tax increase to two-thirds (currently a simple majority) on November 2, rather than in July 2011, and a third that would end a tax increase on sales of soda and candy enacted by the Legislature in 2010.
• Abortion (a "personhood" initiative in Colorado, amending the state constitution to define "person" as beginning at conception)
• Casino gaming (Maine and Oregon)
• Redistricting (two measures each in California and Florida)
• Education funding (Oklahoma)
• Environment (a measure in California would temporarily suspend AB 32, a 2006 bill mandating reductions in greenhouse gases, until the state's unemployment rate drops below 5.5%)
• Animal Rights (an initiative in Montana would abolish outfitter-sponsored big-game hunting and another in North Dakota would make hunting captive exotic animals a class A misdemeanor)

The state with the most initiatives on the ballot is California, with nine.  Colorado and Washington each have six. Oregon has four.  Florida, Massachusetts, Missouri and Montana each have three initiatives on the ballot.

Deadlines for submitting petitions for the 2010 ballot have now passed in all states, and most state officials have completed the signature verification process. Learn more about initiative circulation deadlines below.

Popular Referenda

Another type of petition-driven ballot measure is the popular referendum.  This device allows voters to put a hold on a law newly enacted by the legislature while they gather signatures.  If petitioners gather sufficient signatures, the new law goes on the ballot for voter approval.  If voters approve it, it takes effect.  If voters reject it, the law does not take effect.  Some states call this process the "people's veto."

Two popular referenda qualified for the November 2010 ballot, although one has been withdrawn by proponents:

• Ohio:  Voters will decide whether to overturn a law passed in 2009 to allow slot machines at race tracks (withdrawn from the ballot).
• South Dakota:  If voters say "yes" to Referred Law 12, a smoking ban passed by the legislature and signed by the governor will take effect.

Constitutional Conventions

Voters in Iowa, Maryland, Michigan and Montana will see a question this November asking if they want to hold a constitutional convention.  These are questions triggered automatically at regular intervals by  state constitutions.

Legislative Referenda

There are 108 measures referred to the ballot by legislatures in 33 states on tap for November.  The number of legislative referenda always exceeds the number of citizen-initiated measures on the ballot for several reasons:

• Only 24 states have an initiative process, and use of the process is heavy in fewer than half these states.  All 50 states have legislatures that can, and in some cases must, refer measures to the ballot.
• In 49 of the 50 states, the legislature cannot pass a constitutional amendment without a popular vote.  Even the smallest change to the state constitution must be referred to the ballot.
• In some states, tax increases and/or indebtedness must be approved by voters, which again leaves the legislature with no choice but to refer a question to the ballot.

Very few of the legislative referenda on the ballot in any given election are instances in which the legislature chose to refer a question to voters; in nearly all cases, the referral was required by the state constitution.  Because of this, measures referred to the ballot by the legislature are often less controversial than those that arrive on the ballot via the citizen initiative process.  This year, however, there are a number of high-profile legislative referenda.

• Health insurance:  A measure on the Arizona ballot would prohibit mandatory participation in any health care system.  Voters rejected a similar measure in Arizona in 2008. Similar measures have been referred to the ballot by legislatures in Florida and Oklahoma (although note that a Leon County Circuit Court judge blocked Florida's amendment from the ballot last week on the grounds that its title and summary were confusing).  Also, Missouri has a similar question on the primary ballot.
• Secret ballot voting:  Often called Save Our Secret Ballot, these measures guarantee the right to vote a secret ballot in all state and federal elections as well as labor representation elections.  It is on the ballot in four states so far this November:  Arizona, South Carolina, South Dakota and Utah.
• State budgets
  • In Arizona, voters will consider two budget-related questions.  One would repeal the a measure passed by voters in 2006.  It increased tobacco taxes and directed the new revenue to programs for early childhood development and health programs.  The measure on this November's ballot would redirect the tobacco tax revenues to the general fund and require that they be used for early childhood development and health programs, while repealing the specific programs mandated by the 2006 measure and the board created to govern the programs.  The second Arizona measure would transfer the $123.5 million balance in the Land Conservation Fund to the state general fund.
  • The Hawaii legislature has referred a question to the ballot asking voters to give them the authority to decide whether excess funds should be returned to taxpayers via rebates or tax credits, or diverted to funds to be used during a budget downturn or emergency.
  • Iowa legislators are asking voters to approve the creation of a Natural Resources and Outdoor Recreation Trust Fund.  Its revenue would come from a sales tax increase of three-eights of one percent.
  • In North Dakota, the legislature would like to create the North Dakota Legacy Fund, with revenue coming from oil and gas taxes.
  • The Oklahoma legislature would like to amend the constitution to prohibit any entity other than the legislature from setting budget amounts.  The measure, Question 754, takes direct aim at the only initiative on Oklahoma's ballot this November:  Question 744 would set a minimum average the state must spend per-pupil on preK-12 education each year.  The average would be determined by a formula based on spending by surrounding states.
  • Ballot Measure 3 in Virginia would increase the maximum size of the Revenue Stabilization Fund from ten to fifteen percent of the state's annual income and sales tax revenues.
• Property taxes
  • Florida:  Amendment 3 would reduce the maximum annual increase in the assessed value of a nonhomestead property from 10 to five percent.  Amendment 2 would provide an additional homestead tax credit for deployed military personnel.
  • Indiana:  Public Question 1 would set caps on property taxes for homesteads, residential property, agricultural land and other real property.
  • Louisiana voters will consider a limitation on property tax increases.
  • Missouri:  Amendment 2 would provide a property tax exemption for disabled former prisoners of war.
• Elections issues
  • Campaign finance:  The Florida legislature is asking voters to repeal the state's public campaign financing option for statewide candidates.
  • Recall:  The Illinois legislature would like to establish a process whereby voters could recall the governor.
  • Term limits:  In New Mexico, Amendment 2 would extend county official term limits.  The Oklahoma legislature is asking voters to approve term limits for statewide officials.  Legislators are already term-limited in Oklahoma.
  • Voter ID:  The Oklahoma legislature is asking voters to approve a requirement that voters show a photo ID before receiving a ballot.
  • Initiative process:  Question 750 in Oklahoma would change the basis for calculating the required number of signatures on an initiative petition from the state office receiving the highest number of votes to the number of votes cast for governor.
  • Redistricting:  The legislature in Florida has referred a question to the ballot that will compete with two citizen initiatives on redistricting (update:  the legislative measure has been blocked from the ballot by the courts; an appeal is pending). California voters will consider the idea of moving the responsibility for congressional redistricting to an independent commission, and a second initiative that would switch legislative redistricting from a commission back to the legislature is pending signature verification.
  • Candidate qualifications:  The Michigan Legislature has referred a constitutional amendment to the ballot that would bar anyone convicted of a felony while in office from running for any elected office or being appointed to a policy-making position in state or local government for a period of 20 years.
  • Voting age:  In Vermont, voters will consider whether to allow 17 year-olds to vote in a primary election if they will turn 18 before the date of the general election.
• Legislatures:  The Alaska legislature has approved a question asking voters to increase the size of the legislature.  If approved, the measure would add two senators and four house members.  The Oregon legislature is asking voters to approve annual legislative sessioins.  Currently, it is one of just five legislatures that meet only in odd-numbered years.  In Lousiana, a question posed by the legislature would prohibit a salary increase for certain state elected officials, including legislators, from taking effect during the term of office in which it is approved.  In Oklahoma, Question 748 would change the name, membership, and some procedures of the Legislative Apportionment Commission.  A constitutional amendment on the ballot in Utah would clarify the residency requirements for legislator eligibility. In New Mexico, Amendment 5 would allow a legislator to be appointed to civil office, as long as the legislator resigns first and wasn't in office at the time the civil office was created or the salary for it was increased.
• Affirmative action:  A prohibition on preferential treatment in public employment, education and contracting is on the ballot in Arizona.  This measure is similar to initiatives that have been on the ballot in previous years in California, Colorado, Michigan, Nebraska and Washington.  This is the first time a legislature has put this question on the ballot.
• Right to hunt and fish:  Voters in four states will consider whether to add the right to hunt and fish to their state constitutions:  Arizona, Arkansas, South Carolina and Tennessee.
• Right to bear arms:  A constitutional amendment on the ballot in Kansas would clarify that the right to bear arms is individual, rather than collective.
• Bond measures
  • California:  drinking water (removed from the 2010 ballot; will appear on November 2012 ballot instead)
  • Idaho:  regional airports
  • Maine:  land conservation
• Criminal justice:  A measure in Washington would allow a judge to deny bail to a person charged with an offense that is punishable by life in prison.

The states with the most legislative referenda on the ballot so far are Louisiana and Oklahoma, each with ten (plus one initiative in Oklahoma, bringing that state's total to 11).  Arizona is in second place, with eight legislative referenda on the November ballot.

 Circulated for the 2010 November  Ballot

About 600 initiative proposals were filed with state officials in hopes of reaching the 2010 ballot, although not all of them were actually circulated.  Of the remainder, some were rejected by state officials for being in improper form, while some are undergoing signature verification.  Others were withdrawn by proponents -- it is not uncommon for proponents to file multiple versions of the same proposal, with no intention of circulating them all.  The vast majority of initiatives filed -- more than 90 percent -- fail to garner sufficient signatures to make the ballot.

It should come as no surprise that the three states that have had the most initiatives on their ballots over time are also the states with the most initiatives filed for circulation.  More than 120 petitions were filed for circulation in California, aiming for the 2010 ballot.  In Colorado, the total stands just shy of 100.  It is just over 100 in Missouri, and reached 81 in Oregon.

Petition Filing Deadlines

Deadlines for filing petitions have passed in all of the initiative states.  In some of the most active initiative states--Arizona, Colorado, and Oregon--deadlines fell in July and August.  Because of these deadlines and the time it takes election officials to verify signatures after the deadline, it is generally be mid-September before we have the full picture of what will be on the ballot.  Here's what we know about how ballots are shaping up in states where deadlines have passed:

• Alaska:  There will be two initiatives on the ballot, both in the primary election.
• Arizona:  There will be one initiative on the November ballot.  No additional initiatives were submitted by the July 1 deadline.
• Arkansas: An initiative restricting state benefits for illegal aliens was submitted, but failed to garner enough signatures.  There will be no initiatives on the ballot. 
• California:  There were two initiatives on the primary ballot.  Another nine initiatives will be on the general election ballot.
• Colorado:  The filing deadline was August 2.  All signature verification is complete, and there will be six initiatives on the ballot.
• Florida:  There will be three initiatives on the general election ballot.
• Idaho:  No initiatives will appear on the ballot this year. Petitions were due to local election officials by April 30, and local officials reported to the secretary of state on the number of valid signatures by June 30. 
• Illinois:  No initiatives qualified for the 2010 ballot.
• Maine:  One initiative has qualified for the November ballot.
• Massachusetts:  Four petitions were submitted to local election officials on the June 23 deadline; three have qualified for the ballot. 
• Michigan:  No initiatives qualified for the 2010 ballot.  The deadline for statutory initiatives fell on May 26, and none of the three petitions circulated this year were submitted for signature verification.  None of the three constitutional amendment petitions were submitted by their due date of July 5.
• Mississippi:  No initiatives qualified for the 2010 ballot.
• Missouri:  Four initiatives are in the signature verification process.  The secretary of state has until August 30 to verify signatures, but announcement of the results is expected by late July or early August.
• Montana:  The deadline to submit petitions was June 18.  At least half a dozen petitions were turned in for signature verification, and three qualified for the ballot.
• Nebraska:  No initiatives qualified for the 2010 ballot.  The filing deadline was July 2, and no petitionis were submitted.
• Nevada:  The signature deadline was June 15, and no initiatives were submitted.
• North Dakota:  The signature deadline was August 4.  Two petitions were submitted, but one had a technical problem dealing with the designation of petition sponsors.  It is likely that the problematic initiative will not make the ballot; the other is in signature verification.
• Ohio:  Signatures for constitutional amendments were due on June 30.  While one measure dealing with farming practices would have like have had sufficient signatures to qualify for the ballot, it was withdrawn from the ballot after proponents reached an agreement with Ohio farmers. 
• Oklahoma:  One initiative will appear on the November ballot.
• Oregon:  Six initiatives were submitted by the July 2 filing deadline, and four have qualified.  The secretary of state found that the remaining two initiatives lacked sufficient signatures to qualify for the ballot.
• South Dakota:  There will be one initiative on the November ballot.
• Utah:  No initiatives qualified for the 2010 ballot.
• Washington:  Six initiatives were submitted by the July 2 deadline and all six have qualified for the ballot.  
• Wyoming:  No initiatives qualified for the 2010 ballot.

Petition deadlines in the near future are:

None.

View a full listing of petition deadlines.

Looking Back:  Total Measures on the Ballot, 1998 - 2008

The following chart details the number of measures on November general election statewide ballots between 1998 and 2008.

Source:  National Conference of State Legislatures, April 2010

For More Information

For more information on initiative and referendum, please contact Jennie Drage Bowser in NCSL's Denver office.