October 27, 2005
Voters to Consider Gay Rights, Medical Malpractice, State Budget Questions on Election Day Ballots
DENVER - Voters in eight states will consider a total of 41 ballot measures on Election Day, which is November 1 in Colorado and November 8 in all other states. Many of these measures deal with high-profile issues such as gay rights, medical malpractice, state budgets and transportation.
"This year's ballot measures span the spectrum of issues," said NCSL's initiative and referendum expert Jennie Drage Bowser. "They ask social, financial and philosophical questions. And a higher than usual number of them are citizen-initiated."
Citizens bring roughly a half-dozen measures to state ballots nationwide in a typical odd-year election. This year, they brought 18. California's eight initiatives are part of the reason for the high number. Had Governor Schwarzenegger not called this special election, these measures would have appeared on the 2006 primary election ballot, Bowser explains. The remaining 22 measures were referred to the ballot by state legislatures.
Gay Rights. This issue is on the ballot in Texas, Maine and Kansas this year. Earlier this year, Kansas voters passed a same-sex marriage ban in a special election. Texas voters will consider a same-sex marriage ban the legislature placed on the ballot. In Maine, a popular referendum seeks to reject a new law that bans discrimination on the basis of sexual orientation in employment, housing, education, public accommodations and awarding of credit. Popular referendum, allowed in 24 states, are a type of measure brought to the ballot by citizens seeking to overturn a law the legislature passed that session. Same-sex marriage was on 2004 ballots across the country, when 13 states considered, and passed, restrictions.
Medical Malpractice. Last year, nine medical malpractice measures were on the ballot in four states, and five measures passed. This year, there are two medical malpractice measures on the ballot, both in Washington. Initiative 330 would change malpractice laws in several ways, which include limiting attorney fees and capping non-economic damages to $350,000. Initiative 336 would establish a state-run supplemental malpractice insurance program and would also revoke a doctor’s license after three malpractice incidents. A similar measure in 2004, Florida’s Amendment 8, passed overwhelmingly.
State Budgets. Voters in Colorado, California and New York will consider major budget questions this year. In Colorado, the battle is over TABOR, or the Taxpayers’ Bill of Rights, amendment, which caps the amount of revenue the state is allowed to keep each year and requires any excess to be refunded to taxpayers through a variety of programs. Other states have TABOR provisions, but Colorado’s is unique in that when revenues decline, the cap declines with them. Referendum C, referred to the ballot by the legislature, would allow the state to keep revenue in excess of the cap for the next five years, and would re-set the cap based on the highest amount of revenue collected over the next five years. The additional money would be spent on health care, public education, transportation, and local police and fire pensions.
California's Proposition 76, an initiative sponsored by Governor Arnold Schwarzenegger, would give the governor more authority in the budget process by allowing him to reduce certain appropriations. It would also add a stricter state spending limit and change the minimum funding guarantees for K-12 education and community colleges. New York’s budget proposal, on the other hand, seeks to shift budgetary powers to the legislature. It would remove the requirement that the legislature act on the governor’s appropriations bills prior to the start of the fiscal year, and allow the legislature to adopt its own appropriations bill.
Transportation. This ever-present issue is on the 2005 ballot in some form in six states: Oklahoma, Washington, Maine, New York, New Jersey and Texas. In a special election in September, Oklahoma voters turned down a gas tax increase that would have funded transportation improvements. A popular referendum on the November ballot in Washington seeks to overturn a fuel tax increase the legislature passed this session to fund transportation projects. Transportation bond measures are on the ballot in two states. Maine asks for $33.1 million, and New York, $2.9 billion. A New Jersey measure would expand the use of a currently dedicated revenue source to reduce air pollution from diesel engines. Amendment 1 in Texas would create the Texas Rail Relocation and Improvement Fund and permit the state’s Transportation Commission to issue and sell obligations to fund rail improvements.
For more information about the dozens of other initiatives and referenda to be considered in the coming weeks, visit NCSL’s Ballot Measures Database at http://www.ncsl.org/programs/legismgt/elect/dbintro.htm.
NCSL is the bipartisan organization that serves the legislators and staffs of the states, commonwealths and territories. It provides research, technical assistance and opportunities for policymakers to exchange ideas on the most pressing state issues and is an effective and respected advocate for the interests of the states in the American federal system.
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