By Patrick R. Potyondy
As I noted in the first blog covering the 2017 statewide ballot measures, although fewer measures grace ballots across the country this year, voters will decide some important and intriguing items this time around. From taxes to transportation funding to constitutional conventions, the states are deciding on a variety of issues.
Everyone’s favorite—taxes—emerged as a key theme in this year’s measures. In particular, Louisiana and Texas list tax exemption amendments to benefit the surviving spouse of first-responders killed in the line of duty. Texas also lists a tax exemption amendment for partially disabled military veterans. And both Pennsylvania and Louisiana list amendments for property tax exemptions.
In a similar policy vein, three measures this fall seek to fund infrastructure, one each in Louisiana, Maine and West Virginia. Maine already got a jump on infrastructure funding when voters there approved a bond in June 2017 to spark research, development and commercialization in the state. And West Virginia, which held its election in early October, also passed its measure by a solid margin.
“Transportation funding is a perennial issue in state,” says Kevin Pula, a research analyst with NCSL’s Environment, Energy and Transportation Program. “I’ve observed that voters are usually asked one of two questions related to transportation. First is the approval of new bonds for infrastructure development. Second, a growing number of states have begun turning to constitutional restrictions on the use of transportation revenues, often referred to as ‘transportation lockboxes.’” The second idea is that states create a fund dedicated for transportation only, separate from the state’s general fund. The goal is that these funds will be used for their intended purpose and not tapped for non-transportation projects.
In true Texas style, the Lone Star State boasts the most ballot measures with seven. In addition to those already mentioned, Texas propositions include changes to home equity loan refinancing, term limits on governor-appointed officeholders, defining a sports team’s charitable raffles, and permitting credit unions to award prizes based on luck to encourage savings.
Voters will also decide whether to grant their state Legislature the power to make Texas courts wait for 45 days before it decides on the constitutionality of a state statute that is challenged in court. First, the state’s attorney general would be notified. “This would give the attorney general adequate time to defend the constitutionality of a law,” writes Jon Griffin, program principal in NCSL’s Center for Legislative Strengthening. “A bill similar to this provision was enacted in 2011, before being struck down by the courts as unconstitutional.”
Out east, New Jersey voters will consider two public questions. The first would provide bond money to construct, expand and equip public libraries, with municipalities and counties matching state funds. The other measure is a constitutional amendment that would dedicate monies collected related to natural resource damages to repair, replace and restore the damaged natural resources or be used to preserve natural resources.
Right next door, New York will ask voters if they would like to hold a state constitutional convention—something that the present constitution requires to be asked of voters every 20 years. Voters turned down the convention in both 1977 and 1997. The Empire State will also consider whether to amend its constitution to allow courts to reduce or revoke the pension of a public officer who has been convicted of certain felonies. Lastly, voters will decide whether to allow towns, villages and counties to use 250 acres of adjacent forest preserve land for specific safety and health uses when no other alternative is available.
Almost 3,000 miles across the country, Washington voters will consider three advisory votes. All three were tax increases passed by the Evergreen State’s Legislature. One each addresses game fish, a business and occupation tax, and a property tax to fund public schools. Advisory votes are required to be placed on the ballot by the state attorney general, based on Initiative 960, enacted in 2007. Although placed on official ballots, these votes do not carry the force of law and, if “passed,” would not overturn the tax increases.
For other details and results after election day of all 27 of the 2017 state ballot measures, please visit NCSL’s Ballot Measure Database.
Patrick Potyondy is a legislative policy specialist and Mellon-ACLS public fellow in NCSL’s Elections and Redistricting Program.
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