November 2006 ballot measures

[BlueStar]

208 propositions in 37 states have qualified for the November ballot. (There were 162 in 2004.) Arizona has the most propositions (19). The hottest issues this year are eminent domain (13 states - thanks to Kelo), tobacco and smoking (10 meaures), and gay marriage (9 states). The greatest failure issue of the year is minimum wage (petitions circulated in 11 states, only made it on the ballot in 6). The group responsible for the most measures is Americans for Limited Government (a fringe Libertarian group) - all TABOR, regulatory takings, and anti-judge measures (several of their measures have been removed from the ballot because of shady signature-gathering tactics).

Complete list of statewide ballot measures:

Alaska
One initiative taxes natural gas leases and another limits legislature sessions to 90 days.

Arizona
Props 100-105, 300, 301 were put on the ballot by the legislature. Props 106-207 are initiatives. Prop 302 was put on the ballot by a commission.
Prop 100. Denies bail to illegal immigrants under certain conditions.
Prop 101. Lowers local property tax limits.
Prop 102. Prohibits illegal immigrants from receiving punitive damage awards in lawsuits.
Prop 103. Makes English the official language of the state.
Prop 104. Authorizes cities to borrow more for streets and public safety.
Prop 105. Preserves 43,000 acres of state trust land (response to 106 by cattlemen).
Prop 106. Preserves 690,000 acres of state trust land.
Prop 107. Defines marriage as solely between a man and a woman.
Prop 200. Awards $1 million to a randomly chosen voter after each general election.
Prop 201. Prohibits smoking in public places (health industry version; see Prop 206).
Prop 202. Raises minimum wage and indexes it to inflation.
Prop 203. Increases tobacco tax to fund early childhood development.
Prop 204. Mandates minimum living space for pregnant pigs and calves.
Prop 205. Requires absentee ballots to be mailed to all voters.
Prop 206. Prohibits smoking in public places except bars (industry alternative to 201).
Prop 207. Prohibits use of eminent domain for private projects, requires compensation for regulatory takings.
Prop 300. Prohibits illegal aliens from receiving state subsidies for education and child care.
Prop 301. Limits probation for methamphetamine convicts.
Prop 302. Increases legislator salaries.

Arkansas
Amendment 1, a legislative measure, would allow charities to run bingo games and raffles. Referred question 1 authorizes the state to borrow $250 million for education.

California
Heading the list are four bond measures sponsored by Republican governor Arnold
Schwarzenegger and the Democratic-controlled legislature (1B-1E). Props 83-90 are initiatives.
Prop 1A. Prevents diversion of gas tax revenue meant for roads.
Prop 1B. $19.925 billion bonds for road projects
Prop 1C. $2.85 billion bonds for low-income housing
Prop 1D. $10.416 billion bonds for public school facilities
Prop 1E. $4.09 billion bonds for levee repairs and flood control projects
Prop 83. Increases penalties for sex crimes.
Prop 84. $5.388 billion bonds for water and conservation projects.
Prop 85. Requires waiting period and parental notification for abortion by minor.
Prop 86. $2.60 per pack cigarette surtax with funds for hospitals.
Prop 87. Spends $4 billion for alternative energy research, profit tax on energy companies.
Prop 88. Establishes a $50 parcel tax for schools.
Prop 89. Provides public funding for candidates that agree to spending limits.
Prop 90. Restricts eminent domain for private projects, requires compensation for regulatory takings.

Colorado
Amendments 38-44 are initiatives. Referendums E-K are legislative measures.
Amendment 38. Extends initiative rights throughout state and limits scope of single subject rule.
Amendment 39. Requires at least 65% of school spending to be spent on “classroom instruction” (Republican measure, more restrictive than Referendum J).
Amendment 40. Establishes terms limits for appellate court judges.
Amendment 41. Prohibits government officials from accepting certain gifts and from lobbying for two years after leaving office.
Amendment 42. Increases minimum wage and indexes it to inflation.
Amendment 43. Defines marriage as solely between one man and one woman.
Amendment 44. Legalizes possession of one ounce of marijuana.
Referendum E. Reduces property taxes for disabled veterans.
Referendum F. Extends time to contest recall petitions.
Referendum G. Removes obsolete constitutional provisions.
Referendum H. Prohibits businesses from deducting wages paid to illegal aliens from taxes.
Referendum I. Establishes “domestic partnerships” that give same-sex couples legal rights of marriage.
Referendum J. Requires 65% of school spending to be spent on classroom instruction (Democratic measure, defines “classroom instruction” more broadly than Amendment 39).
Referendum K. Directs attorney general to sue federal government to enforce immigration laws.

Florida
Five constitutional amendments were placed on the ballot by the legislature and one (number 4) by initiative. Amendment 2, a legislative measure to weaken term limits, was removed from the ballot by the legislature. Amendment 5, concerning nonpartisan redistricting, was removed by the state supreme court on single subject grounds.
Amendment 1. Changes budget procedures to limit use of nonrecurring revenue.
Amendment 3. Requires 60% approval for constitutional amendments.
Amendment 4. Requires state to use tobacco settlement money for tobacco education.
Amendment 6. Increases homestead tax exemption for low-income seniors.
Amendment 7. Reduces homestead tax for disabled veterans.
Amendment 8. Restricts use of eminent domain for private projects.

Georgia
Initiatives are not allowed so all measures were placed on the ballot by the legislature.
Amendment 1. Restricts use of eminent domain for private projects.
Amendment 2. Requires the state to preserve the “tradition of fishing and hunting.”
Amendment 3. Allows state to issue special vehicle license plates.
Question A. Sales tax exemption for farm equipment.
Question B. Sales tax exemption for historic aircraft.
Question C. Sales tax exemption for property of charitable organizations.
Question D. Property tax exemption for people 65 and older.
Question E. Homestead tax exemption for spouse of peace officer killed in line of duty.
Question F. Limits assessment increases for house of spouse of peace officer killed in line of duty.

Hawaii
Five amendments placed on the ballot by the legislature.
Amendment 1. Requires governor to choose regents from pool nominated by commission.
Amendment 2. Creates commission to recommend state salaries.
Amendment 3. Repeals mandatory retirement age of 70 for judges.
Amendment 4. Allows legislature to set standard for conviction in sex crimes against minors.
Amendment 5. Authorizes state to issue bonds for agricultural enterprises.

Idaho
Two initiatives, two legislative constitutional amendments, and an advisory measure.
Prop 1. Adds 1% to sales tax with funds dedicated to K-12 education.
Prop 2. Restricts use of eminent domain for private projects, requires compensation for regulatory takings.
HJR 2. Defines marriage as solely between one man and one woman.
SJR 107. Creates restricted endowment from tobacco settlement money.
Advisory. Asks if state should retain 3 mill property tax relief program adopted in 2006.

Louisiana
Thirteen amendments were approved in a September special election. Eight more
amendments are on the November ballot, including a controversial measure that would combine the seven New Orleans tax assessors into a single office.
No. 1. Freezes property tax assessments for disabled veterans.
No. 2. Increases share of severance taxes allocated to local governments.
No. 3. Property tax exemption for medical equipment.
No. 4. Exempts motor vehicle from municipal taxes.
No. 5. Exempts consigned art from ad valorum taxes.
No. 6. Authorizes legislature to create new district court judgeships.
No. 7. Replaces seven New Orleans tax assessors with single office.
No. 8. Expands financing authority of East Baton Rouge school district.

Maine
Question 1. Initiative that would impose Colorado-style tax and spending limits (TABOR).
Question 2. Amendment that requires initiative to be submitted by constitutional deadline.

Maryland
Three legislative amendments (1-3) and a referendum (4).
Question 1. Prohibits public works board from selling park lands with legislative approval.
Question 2. Allows more appeals to Court of Special Appeals.
Question 3. Limits right to jury trial for civil cases with less than $10,000 at stake.
Question 4. To approve or repeal law requiring supermajorities at state election board, and change local election board procedures. An early voting part of this law was already struck down.

Massachusetts
Three initiatives.
Prop 1. Allows food stores to sell wine.
Prop 2. Allows fusion candidates (nominated by more than one party.)
Prop 3. Allows child care providers in private homes to bargain collectively with state.

Michigan
Proposals 1 and 4 are legislative measures, 2 and 5 are initiatives, and 3 is a referendum. Proposal 6, a TABOR-like initiative, was removed from the ballot by the state election board in earlybSeptember because of fraudulent signatures. An early September poll for the Detroit Free Press found the Michigan Civil Rights Initiative trailing 41%-43%. An indirect initiative to repeal the small business tax did not go the ballot because the legislature adopted the initiative.
Proposal 1. Prevents diversion of state conservation funds to other purposes.
Proposal 2. Prohibits state universities from discriminating for/against individuals on basis of race.
Proposal 3. Asks voters to repeal a recently adopted law allowing hunting of mourning doves.
Proposal 4. Restricts use of eminent domain for private purposes.
Proposal 5. Sets minimum spending levels for schools.

Minnesota
A constitutional amendment sponsored by Gov. Tim Pawlenty (R) would require motor vehicle tax revenue to be used for transportation projects.

Missouri
Amendment 2. Initiative that allows stem cell research.
Amendment 3. Initiative to tax tobacco products, use revenue for health services.
Amendment 6. Legislative measure that gives property tax exemption to nonprofit veteran groups.
Amendment 7. Legislative measure stripping pensions from government officials convicted of felonies.
Prop B. Initiative to increase minimum wage and index it to inflation.

Montana
In mid-September, state judges ruled that CI-97, CI-98, and I-154 were invalid because of single subject violations and noncompliance with petition laws. It is too late to change ballots, so the questions will still appear, but votes may not be counted. The Montana Supreme Court has agreed to review the rulings. Results from a Mason-Dixon poll in late September are in parentheses (yes%-no%).
C-43. Changes name of State Auditor to Insurance Commissioner.
CI-97. Restricts state spending to inflation plus population growth (TABOR). (34%-43%)
CI-98. Allows recall of judges for any reason, not just incompetence. (45%-39%)
I-151. Raises minimum wage and indexes it to inflation. (73%-16%)
I-153. Prohibits lobbying by government officials for two years after leaving office. (70%-15%)
I-154. Restricts eminent domain for private purposes, requires compensation for regulatory takings. (51%-24%)

Nebraska
Two initiatives, one referendum, and six legislative constitutional amendments.
Measure 421. An initiative that would permit a limited number of video keno machines.
Measure 422. A referendum to repeal a school district consolidation law.
Measure 423. An initiative that limits the growth of state spending to inflation plus population growth.
Amendment 1. Allows local governments to acquire land for use by nonprofit organizations.
Amendment 2. Allows local government to manage endowments as “prudent investor.”
Amendment 3. Allocates $1 million for compulsive gamblers.
Amendment 4. Allows executive and courts to supervise parolees.
Amendment 5. Dedicates $40 million to early childhood development.
Amendment 6. Allows public debt for property that is not blighted.

Nevada
Constitutional amendments in Nevada must be approved in two consecutive elections. Questions 1 and 6 were approved for the first time in 2004. Questions 1, 2, 4-7 are initiatives. A TABOR-style initiative, Question 3, was struck from the ballot by the state supreme court on single subject grounds and because of a failure to comply with petition regulations.
Question 1. Requires the legislature to appropriate funds for education before other programs.
Question 2. Restricts use of eminent domain for private purposes.
Question 4. Bans smoking in public places except bars/restaurants (industry response to Question 5).
Question 5. Bans smoking in public places with children (tougher than Question 4).
Question 6. Increases minimum wage and indexes it to inflation.
Question 7. Legalizes possession of one ounce of marijuana.
Question 8. Removes sales tax on trade-in cars and farm equipment.
Question 9. Reduces board of regents from 13 to 9 members.
Question 10. Allows legislature to call special session.
Question 11. Doubles legislator pay.

New Hampshire
Both measures were placed on the ballot by the legislature.
Amendment 1. Restricts the use of eminent domain for private purposes.
Amendment 2. Prohibits division of cities when drawing legislative districts.

New Mexico
All measures were placed in the ballot by the legislature.
Amendment 1. Repeals obsolete Alien Land law.
Amendment 2. Removes debt limits and referendum requirements for lease-purchases.
Amendment 3. Creates but does not fund water trust fund.
Amendment 4. Permits state to pay costs of affordable housing.
Bond Issue A. $15.958 million bonds for senior citizen facilities.
Bond Issue B. $118.36 million bonds for higher education capital improvements.
Bond Issue C. $9.09 million bonds for libraries.

New Jersey
Three amendments from the legislature.
Public Question 1. Dedicates state revenue to reduce property taxes.
Public Question 2. Dedicates fraction of state environment funds to recreational areas.
Public Question 3. Increases fraction of gas tax dedicated to transportation projects.

North Dakota
Constitutional Amendment 1. Public universities may spend more than endowment interest.
Initiated Constitutional Amendment 2. Prohibits use of eminent domain for private projects.
Initiated Statutory Measure 3. Requires joint custody of children after divorce.

Ohio
Four initiatives and one referendum are on the ballot, but the votes for some might not be counted. The Secretary of State ruled that Issue 1 fell short of the required signatures, but instructed the 88 county election boards to print it on the ballot because his ruling is being challenged. Opponents of Issue 5 are seeking to have it removed from the ballot. A Columbus Dispatch poll in late September
showed Issue 3 narrowly ahead, 48%-43%, and both smoking bans with 55% or more support.
Issue 1. A referendum to repeal a law that cuts workers’ compensation benefits.
Issue 2. Increases the minimum wage and indexes it to inflation.
Issue 3. Allows limited slot machines, dedicating the revenue for college scholarships.
Issue 4. The tobacco industry’s response to Issue 5, bans smoking in many public spaces but allow it in bars (Smoke Less Ohio).
Issue 5. Bans smoking in public places (SmokeFreeOhio).

Oklahoma
All four measures were put on the ballot by legislature. A TABOR-type measure, Question 723, was removed from ballot by state supreme court because of illegal signature collection.
Question 724. Prohibits paying legislators who are in jail.
Question 725. Allows use of rainy-day funds to subsidize at-risk manufacturers.
Question 733. Allows sale of alcohol on election day by package stores.
Question 734. Exempts from property taxes goods that are shipped through the state.

Oregon
All 10 measures are initiatives.
Measure 39. Restricts use of eminent domain for private purposes.
Measure 40. Requires appellate court judges to be elected by district.
Measure 41. Increases state income tax deductions to federal level.
Measure 42. Prohibits use of credit scores when calculating insurance premiums.
Measure 43. Requires waiting period and parental notification for abortion by minor.
Measure 44. Allows residents without prescription drug coverage to participate in state program.
Measure 45. Restores voter-approved term limits struck down by court.
Measure 46. Amends constitution to allow limits on campaign contributions/expenditures.
Measure 47. Sets limits on individual campaign contributions and bans campaign contributions from corporations and unions. Takes effect only if Measure 46 is approved.
Measure 48. Limits state spending growth to inflation plus population growth (TABOR).

Pennsylvania
$20 million legislative bond issue to make payments to Gulf War (1990-91) veterans.

Rhode Island
All nine measures were placed on the ballot by the legislature. Questions 1-3 are constitutional amendments and 4-9 are statutes. Gov. Donald Carcieri (R) unilaterally placed two nonbinding advisory measures on the ballot, one asking if citizens would like to adopt the initiative and another if they would like to limit taxes and spending, but then the legislature repealed his authority to do so.
Question 1. Controversial constitutional amendment placed on the ballot by the Democratic legislature over the objections of governor would authorize a privately run resort casino in state.
Question 2. Prohibits incarcerated felons from voting, restores voting rights when discharged.
Question 3. Increases rainy day funds, restricts use.
Question 4. $72.79 million bonds for buildings at state university and college.
Question 5. $88.5 million bonds for transportation projects.
Question 6. $11 million bonds for zoo improvements.
Question 7. $4 million bonds for state park in Newport.
Question 8. $3 million bonds for recreation projects.
Question 9. $50 million bonds for affordable housing.

South Carolina
All seven constitutional amendments were placed on the ballot by the legislature.
Amendment 1. Defines marriage as solely between one man and one woman.
Amendment 2A. Allows either house of legislature to adjourn by majority vote.
Amendment 2B. Deletes constitutional provision contrary to 2A.
Amendment 3A. Allows state retirement systems to invest in foreign companies.
Amendment 3B. Eliminates state investment advisory panel.
Amendment 4. Limits growth of property tax assessments to 15% every five years.
Amendment 5. Prohibits use of eminent domain for private projects.

South Dakota
Amendments C and F were placed on the ballot by the legislature. Referred Law 6
is a referendum placed on the ballot by petition. The other measures are initiatives.
Amendment C. Defines marriage as solely between one man and one woman.
Amendment D. Limits annual increase in property tax assessments to 3%.
Amendment E. Establishes grand jury to evaluate civil lawsuits involving judges.
Amendment F. Revises technical constitutional language regarding legislature.
Measure 2. Increases tobacco tax, dedicates revenue to health services and education.
Measure 3. Prohibits school year from beginning before September.
Measure 4. Allows medical use of marijuana.
Measure 5. Requires state-owned aircraft to be used only for official business.
Measure 7. Repeals video lottery.
Measure 8. Repeals 4% tax on wireless phone service.
Referred Law 6. Repeals the state’s ban on abortion.

Tennessee
Both measures were placed on the ballot by the legislature.
Amendment 1. Defines marriage as solely between one man and one woman.
Amendment 2. Allows legislature to provide property tax relief for people 65 and older.

Utah
Legislative amendment would allow tax exemption of property producing no revenue.

Virginia
The legislature placed three constitutional amendments on the ballot.
Question 1. Defines marriage as solely between one man and one woman.
Question 2. Allows churches to incorporate.
Question 3. Allows tax breaks for new structures in development areas.

Washington
I-920. Repeals estate tax.
I-933. Requires compensation for regulatory takings.
I-937. Requires utilities to use minimum amounts of renewable fuels.
SJR 4233. Legislative measure that authorizes increased property tax exemptions.

Wisconsin
Amendment on gay marriage, and advisory measure on death penalty reinstatement.

Wyoming
Four constitutional amendments placed on the ballot by the legislature.
Amendment A. Prohibit diversion of money in the state’s Mineral Trust Fund.
Amendment B. Repeals limits on redistribution of property taxes for schools.
Amendment C. Creates a fund for higher education scholarships.