2007 Ballot Measures - Election Preview

Updated November 7, 2007

Voters in six states will consider a total of 34 ballot questions on Tuesday, November 6.  Among these, four were initiated by voters, and the remaining 30 were referred to the ballot by state legislatures.  For a full listing of all of these measures, visit NCSL's ballot measures database.

There are typically far fewer measures on statewide ballots in odd years (the total number of ballot measures in even-year general elections is typically in the neighborhood of 150).  Many states do not hold statewide elections in odd years, and most of the 24 initiative states do not permit initiatives on odd-year ballots.  This year's total of 34 measures is typical of odd-year elections conducted over the past decade.

Measure Type	1999	2001	2003	2005	2007
Citizen Initiative	5	4	6	16	2
Popular Referendum	0	0	0	2	2
Legislative Referendum	38	29	15	23	30
Other	0	0	1	0	0
TOTAL	43	33	22	41	34

Source:  National Conference of State Legislatures, October 2007

Citizen-Initiated Measures

This year, there are two citizen initiatives (a proposed law or constitutional amendment placed on the ballot by voters through a petition drive) and two popular referenda (voter consideration of a bill passed by the legislature, placed on the ballot by voters through a petition drive).  The two initiatives cover subjects common in the initiative process:  gambling and taxes. 

Gambling Initiative

Maine's Question 1 would authorize a new tribal commercial harness racing track, and permit the operation of slot machines at the track.  Currently there is one track with slot machines operating in Maine.  In addition to a statewide affirmative vote on this question, approval by the municipality in which the new track would be located is required before the measure may take effect.

Tax Initiative

Washington's Initiative Measure 960 would expand and clarify an existing requirement that any tax increase proposed by the legislature must be approved by a two-thirds vote.  Specifically, it would include in the definition of "raises taxes" any legislative action that increases state tax revenue deposited in any fund, budget, or account, but would not include revenue neutral tax shifts.  It would also require legislative approval of any new fees or fee increases, removing state agencies' authority to impose or increase fees by administrative action.  The measure would require that, for any legislative proposal that would increase tax or fees, the office of financial management must prepare a ten-year project of its cost to taxpayers, providing the projection both to the legislature and to the public via a press release.  Finally, the initiative would require an advisory vote of the people on any legislative action raising taxes if the action is not already subject to a referendum vote.  The estimated cost of implementing this measure is $1.8 million annually, with local governments bearing the majority of the cost in order to hold advisory vote elections.

This year's two popular referenda touch on high-profile and controversial issues -- school vouchers and health insurance.  The popular referendum is a device that is available in 24 states, but is not often used.  It allows voters to demand a popular vote on a bill passed by the legislature.  If voters reject the legislature's bill, it does not take effect.

Voucher Popular Referendum

Utah voters will have the chance to approve or reject House Bill 148, passed by the Utah Legislature in February 2007.  HB 148 established a program providing scholarships of $500 - $3,000, depending on family size and income, for private school tuition.  Implementation of this bill was put on hold when the referendum petition was filed, and it will take effect only if voters approve it.

Health Insurance Popular Referendum

In Washington, voters will weigh in on Senate Bill 5726, passed by the legislature in the 2007 session.  SB 5726 addresses unfair and deceptive insurance practices by prohibiting insurers from unreasonably denying a claim for coverage or benefits.  It would permit claimants to sue in superior court for up to three times the amount of actual damages.  Like Utah's voucher bill, this bill will take effect only if approved by voters.

Legislative Referenda

The remaining 30 questions on statewide ballots this year were referred to voters by state legislatures.  In most cases, state constitutions require that legislatures refer questions such as constitutional amendments, bond measures and tax increases to voters.  These questions make up the vast majority of the legislative referenda on statewide ballots, and it is fairly rare that a legislature chooses to refer a proposed law to the people for a popular vote.

Recurring Themes:  Term Limits, Property Rights and Tobacco Taxes

Maine - Term Limits:  The Maine Legislature referred a question to extend the state's legislative term limits.  Currently, Maine legislators can serve no more than four consecutive terms (eight years) in a chamber.  If Question 5 is approved, that will change to six consecutive terms, or 12 years in a chamber.  Two states considered term limits extensions in 2004 -- Arkansas and Montana.  Both were referred by legislatures, and both failed to pass.  California voters will consider a measure in February 2008 that would reduce the total number of years a legislator may serve from 14 to 12, but permit a legislator to serve all of those years in a single chamber.  An initiative to extend term limits in Arkansas is circulating for the November 2008 ballot, and extending term limits has been a contentious subject in Michigan lately and may well reach the 2008 ballot.

Oregon - Property Rights:  Oregon provided the inspiration for many of the property rights measures that were on the ballot in 2006, but Oregon voters will have a chance this year to roll back the restrictive measure they passed in 2004.  Last year, four states considered "regulatory takings" initiatives.  Modeled on Oregon's Measure 37, passed in 2004, these measures stipulated that if a government regulation (such as a zoning restriction, for example) reduced the value of a piece of property, citizens could demand compensation from the government for the lost revenue.  In lieu of paying compensation (which would have run into the billions in Oregon), governments may opt to waive the land use regulation in question.  This was the result of every regulatory takings claim in Oregon leading up to the 2006 elections.  The only state that passed their regulatory takings measure last year was Arizona; the measures failed to pass in three other states.  Similar measures were blocked from the ballot by courts in an additional two states over irregularities in the petition process.

This year, Oregon voters will consider Measure 49, referred to the ballot by the Legislature, asking voters to modify the original provisions of Measure 37.  It would allow landowners the right to build a limited number of homes on their property as compensation for land use regulations imposed after they bought their property.  It also prohibits subdivisions on high-value farmlands, forests and groundwater-restricted lands, and specifies that claimants may not use Measure 37 to override zoning laws prohibiting commercial and industrial developments on land reserved for homes, farms and forests.

Texas - Eminent Domain:  Proposition 7 would allow a governmental entity to sell property acquired through eminent domain back to its immediately previous owner at its original purchase price, if the public use of the property has been canceled, if no progress toward the public use is made by a prescribed deadline, or if the property is unnecessary to accomplish a public use.

Oregon - Tobacco Taxes:  Five states considered tobacco tax increases in 2006.  Of the total 19 tobacco tax increases proposed between 1990 and 2006, just five have failed to pass.  Oregon's proposal this year would increase cigarette taxes by 84.5 cents per pack, making it equal to the cigarette tax in the state of Washington (Washington voters approved an increase on tobacco taxes in 2001).  The new revenue generated by the tax would provide health care to children, low-income adults, and other medically underserved Oregonians, and prevent tobacco use.

Tax Measures

Property Tax Relief - Public Question 1 in New Jersey would dedicate a portion of the revenue generated by the state's sales and use tax to a Property Tax Relief Fund.  Several proposals in Texas would offer property tax relief -- Proposition 3 would limit annual increases in the value of residence homesteads for property tax purposes; Proposition 5 would create a way for small cities to freeze property taxes in order to generate downtown revitalization programs; and Proposition 9 would create a property tax exemption for disabled veterans.

Proposition 6 in Texas would allow the exemption from ad valorem taxes of one motor vehicle owned by an individual who uses it for both business and personal use.

HJR 4204 in Washington would remove the supermajority vote requirement for school district excess levies, and instead require a simple majority vote to pass such measures.  The proposal applies only to votes in school districts and does not include other local government entities.

Bond Measures

A full third of the legislative referenda on the November 6 ballot are bond measures.  All together, this year's statewide bond measures total in excess of $10.5 billion.

Statewide Bond Measures on the 2007 General Election Ballot
State	Purpose	$ Amount	Status
Maine	Economic development, job creation	$55 million	Pass
Maine	Education facilities	$43.5 million	Pass
Maine	Land conservation	$35.5 million	Pass
New Jersey	Stem cell research	$450 million	Fail
New Jersey	Farm land, natural resource and historic preservation	$200 million	Pass
Texas	Student loans for higher education	$500 million	Pass
Texas	Facilities improvement, repair and construction; equipment purchase	$1 billion	Pass
Texas	Highway improvement	$5 billion	Pass
Texas	Cancer prevention and research	$3 billion	Pass
Texas	Sewer and water supply	$250 million	Pass
Total		$10,534,000,000

Source:  National Conference of State Legislatures, November 2007

Legislatures

Proposition 11 in Texas would require that certain votes taken in the legislature be recorded, archived, and made available to the public on the Internet for at least two years.

Criminal Justice

Proposition 13 in Texas would deny bail in felony and family violence cases.  SJR 8212 in Washington would allow the state to contract with private companies to provide inmate labor, as long as privately-run inmate labor programs do not compete with Washington businesses.

Home Equity Loans

Proposition 8 in Texas would clarify procedures and protections for home equity loans, and would change the written disclosure provided to borrowers at closing.

Budgets

SJR 8206 in Washington would create a Budget Stabilization Account in the state treasury.  One percent of general state revenue in each fiscal year would be transferred to the account.  Use of the funds in the account would be limited to protecting life and safety in states of emergency, or in the event of a decline in forecasts for job growth.  The legislature could also appropriate money from the account with a three-fifths vote, or by majority vote for education construction projects in the event the balance of the account exceeds ten percent of general state revenues.

For More Information

For more information on initiative and referendum, contact Jennie Drage Bowser in NCSL's Denver office at 303-364-7700.