State Legislatures Magazine: December 2002

Editor's Note: This article appeared in the December 2002 issue of NCSL's magazine, State Legislatures. To order copies or to subscribe, contact the marketing department at (303) 364-7700.

Voters Take the Initiative

Education
Taxes
Elections and Term Limits
Drug Policy
Animal Rights
Gambling and Lotteries
Health Care
Bond Measures

Voters Take the Initiative

Voters in 42 states had the opportunity to bypass representative democracy and vote directly
on 202 different statewide measures.

By Jennifer Drage Bowser
There was variety on the ballot this November. Citizens were asked to decide issues ranging from animal rights to health care, taxes to gambling, drug policy to bond measurers. But education was the big winner among the 202 ballot measures, while voters rejected many of the other big-ticket policy ideas put before them by legislatures and fellow citizens.

There were 202 statewide ballot measures. Voters said yes to 123 of them. Forty-nine of the 202, were citizen initiated. Twenty-two of those passed. Four were popular referendum, where citizens had a chance to repeal a measure passed by the legislature. Three passed. The other 149 were measures referred to the voters by legislatures; 98 of those passed.

EDUCATION
Most of the country's 21 education-related ballot issues received voter approval. Among them were California's Proposition 49, sponsored by actor Arnold Schwarzenegger. It mandates more state spending on before- and after-school programs. All three of Florida's education items also passed. They will reduce class sizes, fund preschools and create a new governing board for the state university system.

Efforts to ban bilingual education in favor of one-year English immersion programs passed in Massachusetts, but failed in Colorado. Arizona, Idaho and Tennessee will direct gambling and lottery money to education. Alaska, California, New Mexico, Oregon and Virginia passed bond measures for education projects.

A few education-related measures did fail. North Dakota rejected a plan that would have reimbursed state residents for part of their student loan payments. And voters turned down a tax increase on storage of radioactive waste in Utah to pay for education programs.

TAXES
Voters generally were unsympathetic to both tax cuts and tax increases.

Tax cuts generally failed on Nov. 5, except in Washington, where a measure cutting car license fees passed. Elsewhere, a proposal to repeal taxes on food and medicine in Arkansas and a repeal of the personal income tax in Massachusetts both failed.

Tax increases also were generally voted down. Arizona and Missouri considered raising tobacco taxes. Arizona's passed but Missouri's failed, although the results were quite close. A measure in Oregon that would have increased personal income tax rates and payroll taxes to pay for a comprehensive health care plan failed. A measure in Utah to increase fees and taxes on the disposal and storage of radioactive waste also failed, as did a legislative proposal to increase taxes for transportation in Washington.

Two of the three measures that would have re-allocated certain revenue streams failed: California's Proposition 51, which would have dedicated 30 percent of motor vehicle sales taxes to transportation, and a measure re-allocating tobacco settlement money in Michigan. A tobacco settlement proposal in Montana passed-it requires the state to use its share of the tobacco settlement money for a statewide tobacco use prevention program.

ELECTIONS AND TERM LIMITS
The initiative process itself will be different in three states, thanks to successful measures that tighten requirements for getting them on the ballot. Florida voters said they want all initiated constitutional amendments to be accompanied by an economic impact statement that lets voters know what the proposal will cost. Montana voters approved an increase in signature requirements. Oregonians passed a measure banning payment-per-signature for initiative petition circulators, although payment on an hourly or salary basis remains legal.

In other news, Election Day registration proposals failed in California and Colorado. Colorado voters also turned down the idea of switching entirely to mail-in ballots and eliminating polling places. They voted to keep their caucus system for nominating candidates for the primary ballot and passed a campaign finance reform measure. In Massachusetts, voters said no to an advisory question on keeping their system of public financing for campaigns.

Voters in Michigan chose to retain their right to vote a straight-party ticket. In doing so, however, they rejected a broad election reform bill passed by the Legislature in 2001. Although that bill would have repealed straight-ticket voting, it also would have addressed training for election officials, provisional voting and penalties for voter fraud. Wyoming voters approved a measure allowing the Legislature to resolve a dispute or challenge in determining the presidential electors.

Term limits are history in Idaho. Voters there approved the Legislature's move earlier this year to repeal term limits. Colorado voters declined to repeal term limits for district attorneys, while Missouri voters agreed that partial terms should be excluded from term limits.

DRUG POLICY
Throughout the 1990s, voters across the country were receptive to medical marijuana initiatives. This year, however, most of the drug policy initiatives were more ambitious, and voters declined to pass those legalizing the possession of marijuana or easing property forfeiture laws. Drug policy ballot issues in Arizona, Nevada and Ohio all failed. Nevada's proposal was the most dramatic and not only would have legalized the possession of limited quantities of marijuana by any adult, but also would have required the state to regulate and tax marijuana sales in a manner similar to the regulation of alcohol.

Voters in the District of Columbia passed a measure mandating treatment in lieu of incarceration for nonviolent drug offenders.

ANIMAL RIGHTS
Animals fared well on Election Day-except in Arkansas, where voters rejected a measure that would have made animal cruelty a felony. Florida voters passed Amendment 10, requiring more humane treatment of pregnant pigs. Oklahoma voters passed a controversial measure to ban cockfighting and rejected a measure that would have made it more difficult to qualify animal-related initiatives in future years.

GAMBLING AND LOTTERIES
Arizona voters faced four gambling-related measures. Only two passed. Voters said OK to continuing the state lottery and extending tribal gaming compacts. A competing measure that also would have extended tribal gaming compacts and a proposal to allow slot machines at racetracks failed. Idaho voters decided to try video gaming machines at tribal casinos, and voters in North Dakota and Tennessee said yes to new state lotteries.

HEALTH CARE
With the exception of a few tobacco-related proposals, health care measures did not do well nationwide.

Florida voters said they want smoking banned in workplaces, including bars and restaurants. Arizonans passed a plan to increase tobacco taxes to pay for health care programs, but a similar measure in Missouri failed. Michigan and Montana had initiatives to re-allocate tobacco settlement revenues to health care programs. Michigan's failed while Montana's passed.

The most controversial health care proposal on the ballot was in Oregon. Measure 23 would have created an entirely new system for the state, modeled on Canada's public health system. Voters in Oregon aren't ready for that kind of radical change, and the measure received just 21 percent of the vote.

A trio of competing gambling issues in Arizona would have dedicated a portion of gaming revenues to a wide array of health care programs. Two of the three failed, but Proposition 202, which will help to fund trauma and emergency services, passed. Arizona voters also rejected a measure that would have required the Department of Public Safety to provide marijuana free of charge to each person qualified to use it for medical purposes. Arkansas voters declined to pass an initiative repealing all taxes on medicine.

BOND MEASURES
Twenty-one of the 24 statewide bond issues nationwide passed. They will provide more than $22 billion in funding for everything from mortgage assistance for veterans to transportation, education and environmental projects. The three bond measures that failed would have financed new prisons in Maine, state facilities and equipment in New Mexico, and infrastructure at an industrial park in Rhode Island.

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