Week of October 18, 2004

Week of October 18, 2004

I&R News Round-Up

Updated October 20, 2004

This page contains a summary of news articles on ballot measures, along with links to the articles themselves. It is updated several times a week.

Animal Rights—Alaska

The fight over bear baiting comes down to a debate over who represents the "true Alaska," according to the Seattle Times. Opponents of the ban say that "Alaska's heritage is at stake." Proponents of the measure say bear-baiting makes hunting an unfair chase, and is lazy.

Criminal Justice—California

The San Diego Union-Tribune reports that the proposal to relax California's "three-strikes" law has the support of 62% of those asked in an October 19 poll. Law enforcement officials oppose it, however. The Sacramento Bee reports that all 58 district attorneys in the state have voice their opposition to the measure.

Drug Policy—Alaska

There’s controversy in Alaska over the ballot pamphlet’s argument against Measure 2, the marijuana legalization initiative, according to the Fairbanks Daily News-Miner. The statement was signed by a private citizen, but allegedly was largely written by the Lieutenant Governor’s chief of staff. The Lieutenant Governor is Alaska’s chief election official, and as such, is required to remain neutral in election issues. Update: On Tuesday, proponents of the marijuana legalization measure filed suit against the Lieutenant Governor's office of the argument. A hearing has not yet been scheduled, says the Anchorage Daily News.

Education—Washington

The Seattle Times reports that the ballot title for Initiative 884, which would raise the state's sales tax to fund education, is inaccurate. The title says that the tax would be raised one percent, when in fact it would be raised one percentage point, from the current 6.5 percent to 7.5 percent. State officials agree that the title is misleading, and say that the current title was written by a judge. They say that the explanatory statement is accurate however, and encourage voters to read that too, not just the title.

Election Reform—California, Colorado

California governor Arnold Schwarzenegger has endorsed Proposition 62, an initiative that would return California to a primary system similar to the blanket primary they used until 2002. The Los Angeles Times reports that he decided to endorse the measure after leaders of both major political parties asked him in a joint conference call not to.

High-profile Democrats have come out against Colorado's Amendment 36, which would allocate the state's electoral votes proportionally according to the statewide popular vote for president. The Denver Post says that former governor Dick Lamm, the state house minority leader, and the Democratic candidate for U.S. Senate, Ken Salazar, are among the measure's opponents. While some of them have said they think it's a fundamentally good idea, they can't support the proposal unless all states make a similar change.

Environmental Protection—Montana

Fundraising on Initiative 147 is unbalanced, reports the Billings Gazette. I-147 would undo the prohibition on cyanide leach mining passed by voters in 1998. Supporters of the measure, primarily large mining companies, have raised about $2.2 million, while two opposition groups have combined raised less than $300,000.

Gambling—California, Florida, Nebraska, Washington

The Contra Costa Times reports that a tribe backing Proposition 70, a pro-gambling measure that would benefit tribal casinos, gave the Howard Jarvis Taxpayers Association $1.8 million in return for the organization's support of Prop. 70. Most other conserverative groups oppose the measure.

A coalition of education groups in Florida supports Amendment 4, the initiative that would allow Miami-Dade and Broward county voters to authorize slot machines. The Orlando Sentinel reports that their support stems from the gains education funding stands to make sure slots be implemented.

An independent economist estimates that if Nebraska's Amendment 3 were to pass and casinos were built in Omaha and Grand Island, the state would gain about $90 million in taxes. The estimate was based on a study conducted by The Venetian, a casino which supports the measure. (Omaha World Herald)

Spending is high on Initiative 892 in Washington, reports the Seattle Times. The measure would permit slot machines in any licensed gambling establishment in the state. Indian tribes oppose the measure, and have spent $5 million in ads against it, a record in Washington. The proposal is supported by non-Indian casinos, and was qualified to the ballot by anti-tax activist Tim Eyman. His interest lies in the second part of the proposal—state revenues from the expanded gambling would be used to reduce future property taxes.

Health Care—California, Montana

California governor Arnold Schwarzenegger has endorsed Proposition 71, an initiative that would fund state-sponsored stem cell research to the tune of $3 billion over the next 10 years. Proponents hope his endorsement will help bolster shaky support in the polls. (Los Angeles Times) The San Diego Union-Tribune reports that a poll release on October 19 shows that 53% of those polled support the measure, while 34% oppose it and 13% are undecided. Meanwhile, opponents of the stem cell initiative have accused proponents of having a financial interest in its passage, according to the Sacramento Bee. One of the major proponents has stock options in a major biotech firm. Prop. 72, which allows voters to approve or reject a law requiring certain businesses to provide health insurance for employees, was on shakier ground in the poll: led with 46% in favor and 29% opposed, but 25% were still undecided. Prop. 63, which would increase the income tax rate for millionaires to fund mental health services, was leading in the polls, but Prop. 67, which would increase telephone fees to pay for emergency medical services, was trailing (exact poll numbers were not reported for these measures).

The Missoulian reports that if Montanans pass Initiative 149, their tobacco taxes would be among the nation’s highest. Revenues from the new tax would be used to fund various health care and smoking cessation and prevention programs.

Insurance—Oregon

Apparently, the fight over workers' compensation insurance has turned into an all-out brawl in Oregon, according to the Statesman Journal. Voters have been inundated with ads from both sides. If it passes, Measure 38 would abolish the state-run workers' compensation insurance program and replace it with programs run by private companies. The Oregonian reports that supporters of the measure are led by the insurance company Liberty Mutual Northwest, who has put over $7 million into the campaign supporting the measure.

Medical Malpractice/Tort Reform—Florida, Wyoming

In Florida, both sides of the medical malpractice fight are represented on the ballot this year, reports the Palm Beach Post. Amendments 7, allowing patients to view records of doctors' and hospitals' malpractice incidendents, and 8, barring the licensing of doctors guilty of three incidents of malpractice, are supported by trial lawyers, who have given over $20 million to the campaigns. Doctors, on the other hand, support Amendment 3, which would limit how much attorneys can earn in medical malpractice cases.

The fight over limiting noneconomic damages in medical malpractice cases is heating up in Wyoming, according to the Billings Gazette. Doctors support Amendments C and D; trial lawyers oppose them.

Same-Sex Marriage Ban—Georgia, Kentucky, Ohio, Oregon, Utah

The battle over the proposed same-sex marriage ban in Georgia has landed in the state's supreme court. The Atlanta Journal Constitution reports that the lawsuit contends that the measure violates the single-subject rule for proposed amendments because it addresses not only marriage but civil unions as well. Opponents also say the ballot question is unfair because it mentions only marriage, not civil unions. A similar suit is pending in Louisiana, where they already passed a similar ban in the primary election. Polling data in Georgia indicates that voters are more supportive of civil unions for same-sex partners--just 47% opposed the idea in a poll last week, while 61% supported a ban on same-sex marriage.

Fundraising for the two sides on Kentucky’s same-sex marriage ban is unbalanced, says the Kentucky Post. Opponents of the measure have raised around $300,000 and plan to air radio and TV ads soon, while supporters have raised just $36,000.

Ohio clergy compare Ohio's proposed same-sex marriage ban to laws from a century ago that banned mixed-race marriages, according to the Cleveland Plain Dealer. About 40 pastors and rabbis gathered on Tuesday to voice opposition to the proposal.

Some Oregon voters are outraged over a poll being conducted by a group favoring the proposed ban on same-sex marriage. According to The Oregonian, some voters compalin that the poll isn't a poll at all, but a campaign ad disguised as a poll. Meanwhile, another poll reported by the Statesman Journal shows the same-sex marriage measure receiving the support of 50% of those polled, with 42% opposed. Oregon is often cited as the only state where the same-sex marriage issue is running close in the polls.

Opponents of the same-sex marriage ban in Utah say it could hurt all unmarried couples, including opposite-sex couples. The second sentence of the proposal is the problem, they say. It reads "No other domestic union, however denominated, may be recognized as a marriage or given the same or substantially equivalent legal effect." (Deseret News) Meanwhile, the LDS church on Tuesday announced its support for the limitatation of marriage to opposite-sex couples, but stopped short of endorsing Amendment 3. A Salt Lake Tribune poll done in late September found that 62% of Utahns planned to vote for the measure, and LDS church members supported it at a rate of 73%.

Spending on Initiative Campaigns—Colorado

Spending on initiative campaigns will break a record this year in Colorado, according to the Rocky Mountain News. The previous record, set in 2000, was $11.8 million spent on all measures combined. So far, the combined campaigns have raised around $14 million this year.

Term Limits—Arkansas

The fight over term limits is heating up in Arkansas, according to the Arkansas News Bureau. Opponents of the measure to relax the state’s term limits recently received a $500,000 contribution, but failed to file a timely and detailed report of the funds, say supporters of the measure.

Transportation—Florida, Missouri

Support for the bullet train continues to grow in Florida, as three groups this week joined the coalition advocating a vote against Amendment 6. If Amendment 6 passes, it will repeal the requirement that the state build the bullet train. (Jacksonville Business Journal)

Opponents of Amendment 3 in Missouri fear that if it passes, state general fund programs like education and health care will suffer. The proposal would redirect all revenues from gas and highway taxes and fees from the general fund into a fund dedicated to state transportation programs. (Jefferson City News Tribune)

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