63 citizen-initiated measures have qualified for 2006 elections

NASHVILLE—A host of fundamental yet controversial questions will go before voters as ballot measures this November. When and how can a government take a citizen's land? Who can marry whom? Do non-smokers’ rights supersede smokers’? Should society put limits on spending of public money? Does a woman have a right to choose?

Eminent domain, same-sex marriage, smoking, tax and spending limits, and abortion are some of the higher profile issues that will show up as initiatives or referendums on ballots across the country this Election Day. So far, 63 citizen-initiated measures have qualified, and signatures on another 25 petitions in nine states are still being verified.

"It's shaping up to be a banner year for initiatives, both in terms of the number and subject matter of measures," said Jennie Drage Bowser, NCSL's ballot measures expert. "Although it's unlikely that all 30 pending measures will qualify for the ballot, this year's total could come close to matching the 1996 all-time high of 90 citizen-initiated measures on the ballot."

Eminent Domain
Eminent domain has the broadest reach of any ballot issue this year. Voters in at least 10 states—California, Florida, Georgia, Idaho, Michigan, Montana, Nevada, New Hampshire, Oregon, and South Carolina—will consider related ballot questions. Another four states could join that list before November. Many of these measures go farther than prohibiting the government from taking private property for another private use. At least six proposals deal with regulatory takings and require the government to compensate property owners when a land use regulation such as a zoning restricts the use and reduces the value of their property.

Land use was a hot topic in state legislatures in the 2006 sessions. In 2005, the Supreme Court ruled that a locality could condemn property for economic development that would benefit the public at large. The Court left the door open for states to pass more restrictive laws and to define “public use” for themselves, and 27 states passed eminent domain laws in 2006.

Same sex marriage
Same sex marriage has been a big issue in America since November of 2003, when the Massachusetts Supreme Judicial Court ruled that it was unconstitutional to bar same-sex couples from civil marriage. In 2004, voters in 13 states weighed in on this issue and all of them banned the practice. In 2006, similar measures are on the ballot in seven states—Idaho, South Carolina, South Dakota, Tennessee, Virginia and Wisconsin.  Two more states have initiatives in the signature verification stage. Colorado voters could face three separate questions about marriage in November. One is a legislative measure legalizing civil unions. The second is an initiative banning same-sex marriage. The third is an initiative legalizing civil unions that is designed to remain in force even if the same sex marriage ban passes also. The third measure has not yet officially qualified for the ballot.

Smoking
At least six states will consider smoking-related issues this November. These include banning or restricting smoking in public places, increasing tobacco taxes, dedicating revenue from the tobacco settlement, or some combination of those three actions. Dueling bans are on the ballot in Nevada and similar situations could take shape in Arizona and Ohio. A measure that has already qualified for the ballot in Arizona would ban smoking in all enclosed public spaces, and enforcement of this would be paid for with a cigarette tax increase. A second measure in Arizona that is still awaiting signature verification is a ban with a long list of exceptions. Arizona, California, Florida, Idaho, Nevada and South Dakota are the states with tobacco related measures this year.

Tax and Spending Limits
At least four states, and possibly as many as 10, will consider tax and spending limits this year. And Washington voters will consider repealing the estate tax. Tax and spending limit measures in Maine, Montana, Nevada and Oregon have already qualified for the ballot. This was a hot ballot issue in the 1990s and is back in full force in spite of Colorado’s TABOR (Taxpayers Bill of Rights) rollback in 2005. The measures in 2006, other than Washington’s, generally place a cap on increases in state spending and require voter approval to exceed that cap.

Abortion
Abortion is on the ballot in three states. In California and Oregon, voters will consider waiting periods and parental notification for minors. South Dakota residents will vote on a popular referendum on the legislature’s bill to ban abortion. If the measure passes, the new law will go into effect.

Term limits, education funding, drug policies, judiciary measures and campaign finance are other topics on the ballot across the nation this year. Oregon voters will consider legislative term limits. Five states will consider education funding measures including a 65-percent solution question in Colorado. It would mandate that school districts spend at least 65 percent of school district funds in the classroom. Nevada and possibly Colorado will decide whether marijuana should be legalized and South Dakota voters will consider legalizing it for medical use. Campaign finance proposals are on the ballot in Alaska, California and Oregon. Montana and Colorado will consider stricter ethics and lobbying regulations. Colorado’s measure qualified for the ballot today.

For detailed information now and as elections approach, go to NCSL’s ballot measures database.

NCSL is the bipartisan organization that serves the legislators and staff 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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