By Wendy Underhill

Reading Dan Diorio’s pre-game analysis for the Nov. 3 elections, which provides “what to watch ” details on November’s legislative races, reminded me that it’s time to look at ballot measures, those questions voters face that help determine policy and budgets. 

This is a low-volume year with just 26 statewide measures. Yet some of those are standouts, with interest for people beyond state borders.

Let’s start in Mississippi. Because it is one of the four states with legislative races this year, it is already one to watch. The fact that it has two competing statewide education measures makes its election particularly intriguing.

 At issue is the constitutional language requiring the state to provide free public schools—a requirement found in all state constitutions. Both proposals would strengthen the existing language, albeit to varying degrees.

The first, Initiative 42, placed on the ballot by the citizens’ initiative process, asks, “Should the state be required to provide for the support of an adequate and efficient system of free public schools?” The second, Alternative Measure 42A, placed on the ballot by the Legislature in response to the first, asks, “Shall the Legislature be required to provide for the establishment and support of an effective system of free public schools?”

 Perhaps the primary difference between the two proposals is that the citizen-backed proposal would empower the chancery courts—which have jurisdiction over disputes involving equity,  domestic matters and challenges to constitutionality of state laws—to enforce compliance with the new, stronger language, increasing the probability that school funding in Mississippi will have its day in court.

Just to complicate things further, voters first have the opportunity to decline to amend the constitution at all.

Then there’s Ohio, another state where some amount of voter discernment will be required because of two related measures. One measure would permit recreational marijuana, but with a plan that, opponents say, gives a monopoly to just 10 growers. The other, which was drafted by the General Assembly in response to the first, is intended to protect the initiative process from being used for personal economic benefit. 

Ohioans will also decide whether legislative districts will be drawn by a bipartisan commission instead of by the legislature. As a swing state, the stakes are high. Next year the Buckeye State may well consider a separate measure to create a commission to draw congressional lines. A bipartisan coalition of legislators is looking to get it on next year’s ballot. 

Elsewhere:

• Louisiana has four measures: Two are related to transportation funding, plus a tax exemption for public lands and a measure to allow more kinds of legislation to be considered in a fiscal session.
• Maine’s Question 1 relates to campaign finance disclosure, while two other measures are bonds for transportation and housing for the elderly.
• Texas has the most ballot measures of any state this year—seven. Some are ballot standbys, such as hunting and fishing, and tax exemptions for elderly and disabled people and spouses of disabled veterans. One is less familiar: It would repeal the requirement that elected state officers live in the capital city, Austin.
• Washington has a measure that, if passed, would put the Legislature between a rock and a hard place if it wants to raise taxes. If the measure gets a thumbs up, the sales tax rate would decrease by a penny (from the current 6.5 cents on the dollar) unless the Legislature sends the voters a constitutional amendment that would require any tax increase to either get a two-thirds vote in the Legislature or voter approval. This is a variation on a tax-limiting theme that dates back a half-dozen years.

For information on all the statewide questions, see NCSL’s Ballot Measures database.

Wendy Underhill runs NCSL's Campaigns and Elections Program.

Email Wendy.