November 7, 2006 11:15 pm MST
It's not turning out to be a good night for the many measures seeking to rein in government. The only bright spot for this crowd is eminent domain. The broader regulatory taking measures are failing, as are tax & spending limits, limits on the judiciary, and term limits.
Property Rights
All of the simple eminent domain measures are passing -- Florida, Georgia, Michigan, Nevada, New Hampshire, North Dakota, Oregon and South Carolina. Results are not so positive for the much broader and more controversial regulatory takings measures. California's (which combines eminent domain and regulatory takings in a single question) is presently too close to call, but appears to be leaning toward passage. A similar measure in Arizona is passing, while Idaho's is failing. Washington's question on regulatory takings is also failing.
Marriage
In a historic first, Arizona voters have narrowly rejected a ban on same-sex marriage. Colorado voters have passed their same-sex marriage ban, but are failing Referendum I, which would have created domestic partnership rights and benefits. All other marriage measures appear to be passing, although South Dakota's is close.
Tax & Spending Limitations
These are failing across the board -- TABOR measures in Maine, Nebraska, and Oregon are all failing, as are other major tax cuts and revenue reducing measures in Oregon, South Dakota and Washington.
Abortion
South Dakota voters have rejected the abortion ban by a large margin. Oregon voters have rejected a parental notification measure for abortions for minors, and a similar measure in California is currently too close to call but appears to be leaning toward failing.
Other Notable Measures
South Dakota voters have rejected the sweeping judicial accountability measure. Oregon voters have rejected legislative term limits, a vote that is almost certainly the nail in the coffin of the term limits movement. In the three states with competing smoking bans (Arizona, Nevada and Ohio), voters haven't thrown up their hands in frustration over trying to understand the differences between the two -- instead, they are passing the stricter ban and rejecting the looser ban in all three states.
