Ballotwatch: Initiatives Around the Nation

December 7, 2007

The Initiative & Referendum Institute's Ballotwatch: Election 2007 Results

Voters in six states weighed in on 34 ballot propositions last month, approving 82 percent of them. The number of propositions in the most recent election was less than in November 2005, the last off-year election, in which voters decided 39 measures in seven states, and far below the 204 propositions in 37 states in November 2006. The approval rate exceeded the 67 percent approval rate in 2006 and the 51 percent approval rate in 2005.

Only four of the measures were placed on the ballot by citizen petition. Two initiatives proposed new laws (one that failed in Maine and one that was approved in Washington), and two referendums asked voters to repeal laws approved by the state legislature (one in Utah that was successful and one in Washington that was unsuccessful). The other 30 measures were placed on the ballot by the legislature.

At the midpoint of the decade, a total of 233 initiatives have come before the voters. The number of initiatives for the decade (2000-2007) now stands at 303.

This IRI report highlights key issues and lists all of the ballot measures and election results state by state. All election results are unofficial returns.

Trends

With relatively few measures on the ballot, it is difficult to point to pronounced national trends. Two broad classes of issues did emerge in multiple states, however: taxes and bonds. These issues are perennially popular subjects for ballot propositions.

Seven tax-related propositions were decided in four states, and voters were consistently anti-tax. Oregon voters rejected a cigarette tax (Measure 50). Texas voters approved limits on the appraised value of homes (Prop. 3), property tax exemption for certain vehicles (Prop. 6), and property tax relief for disabled veterans (Prop. 9). Washington voters approved an initiative that required a two-thirds vote of the legislature for all tax increases (I-960), and rejected a proposal to make it easier for local governments to raise taxes by removing a supermajority requirement in referendums (EHJR 4204). New Jersey voters rejected revenue-neutral Public Question 1, which would have directed 1 percent of sales tax revenue to property tax relief.

Bonds continued to be a popular funding source. Nine bond measures in three states were approved that authorized a total of $10.084 billion ($134 million in Maine, $200 million in New Jersey, and $9.75 billion in Texas). The only bond measure to fail was New Jersey’s Public Question 2, which would have authorized $450 million for stem cell research.

Hot Issues

Although few issues struck a spark nationwide in 2007, several interesting issues appeared in single states.

In Utah, by a 62-38 margin voters repealed a law passed by the Republican-controlled legislature that would have provided vouchers of $500 to $3,000 for low-income students to attend private schools. The repeal campaign was funded with $4.5 million from the National Education Association. The pro-vouchers side was bankrolled with $4 million from the family of Overstock.com CEO Patrick Byrne. A similar school voucher initiative was rejected in California by similarly large margin in 2000, but the overwhelming failure of this measure in conservative Utah is especially heartening news for teacher unions and other educational groups committed to fighting voucher plans.

In New Jersey, voters rejected a bond issue to fund stem cell research. This proposition came on the heels of controversial stem cell measures in California in 2004 and Missouri in 2006, both of which were approved. New Jersey is a solidly blue state, so it seems likely that voters were mainly scared away by the price tag and not by moral qualms about stem cell research.

Oregon voters approved Measure 49, sponsored by the legislature, that significantly limited land development and weakened the state’s landmark Measure 37, which requires governments compensate land owners when regulations reduce the value of their property. Land use has been a front-burner issue in the last few years, triggered by Measure 37 in 2004 and especially the United States Supreme Court’s Kelo ruling in 2006. Eleven eminent domain or regulatory takings propositions were decided in 2006.

Also in Oregon, voters rejected Measure 50, which would have increased the tobacco tax by a whopping 84.5 cents a pack, with revenue dedicated to health care for low income children. Tobacco companies spent $12 million fighting the measure. This is just one year after the tobacco industry spent more than $50 million to defeat a similar measure in California, and it signals the industry’s continued willingness to use its deep pockets to fight these measures. In addition to testifying to the power of money in opposition to ballot propositions, the rejection of Measure 50 suggests voters remain hesitant to require narrow groups to fund broad public programs.

Important Facts

• 34 propositions in 6 states on November 6, up from 204 in 2006 and 39 in 2005
  
• 82 percent approved (28 of 34)
  
• 2 initiatives (1 approved), 2 referendums, 30 legislative measures
• High-profile failures: School vouchers in Utah, stem cell bonds in New Jersey, property tax relief in New Jersey, tobacco tax in Oregon
• High-profile approval: Development limits in Oregon
• For the year: 43 propositions (35 approved)
  

State-by-State List

Maine
Question 1 was an initiative placed on the ballot by petition. Questions 2-5 were placed on the ballot by the legislature.

• Question 1. Racino. Authorized tribe to operate racing track with slot machines. FAILED 48-52
  
• Question 2. $55 million bonds for R&D. APPROVED 51-49
  
• Question 3. $43.5 million bonds for higher education buildings. APPROVED 51-49
  
• Question 4. $35.5 million bonds for land conservation. APPROVED 63-37
  
• Question 5. Term limits. Extended legislative term limits from eight to 12 years. FAILED 33-67
  

New Jersey
Four constitutional amendments were placed on the ballot by the legislature.

• Public Question 1. Property tax relief. Dedicated 1% of sales tax revenue for tax relief. FAILED 47-53
  
• Public Question 2. $450 million bonds for stem cell research projects. FAILED 47-53
  
• Public Question 3. $200 million bonds for land acquisition and conservation. APPROVED 54-46
  
• Public Question 4. Constitutional language. Voting by “idiot or insane person.” APPROVED 60-40
  

Oregon
The legislature placed both Measure 49 (a statute) and Measure 50 (a constitutional amendment) on the ballot.

• Measure 49. Land use. Limited compensation for regulatory takings, restricted large developments. APPROVED 62-38
  
• Measure 50. Tobacco tax. Increased tobacco taxes, dedicated revenue to health care for uninsured children. FAILED 41-59
  

Texas
All 16 constitutional measures were placed on the ballot by the legislature.

• Prop. 1. Angelo State University. Allowed new governance system. APPROVED 66-34
  
• Prop. 2. $500 million bonds for education loans. APPROVED 66-34
  
• Prop. 3. Property tax limits. Limited appraised value of homes for tax purposes. APPROVED 71-29
  
• Prop. 4. $1 billion bonds for construction projects. APPROVED 58-42
  
• Prop. 5. Local tax relief. Authorized small towns to provide tax relief. APPROVED 66-34
  
• Prop. 6. Car tax. Authorized property tax exemption for vehicles used for business. APPROVED 74-26
  
• Prop. 7. Land. Allowed resale to owner of property acquired through eminent domain. APPROVED 80-20
  
• Prop. 8. Home equity loans. Clarified certain procedures concerning loans. APPROVED 78-22
  
• Prop. 9. Tax relief for veterans. Authorized property tax relief for disabled veterans. APPROVED 91-9
  
• Prop. 10. Abolished office of Inspector of Hides and Animals. APPROVED 77-24
  
• Prop. 11. Legislative votes. Required recorded votes on bills, posting on internet. APPROVED 85-15
  
• Prop. 12. $5 billion bonds for highway improvement projects. APPROVED 63-37
  
• Prop. 13. Bail. Authorized denial of bail for persons who violate court orders. APPROVED 84-16
  
• Prop. 14. Judicial terms. Allowed judge at mandatory retirement age to serve out term. APPROVED 75-25
  
• Prop. 15. $3 billion bonds for Cancer Prevention and Research Institute of Texas. APPROVED 61-39
  
• Prop. 16. $250 million bonds for financial assistance in distressed areas. APPROVED 61-39
  

Utah
Referendum 1 was placed on ballot by petition in order to repeal a bill approved by the legislature.

• Referendum 1. Vouchers. The law in question provided school vouchers for students attending private schools. FAILED 38-62 (law repealed)
  

Washington
Initiative 960 and Referendum 67 were placed on the ballot by petition. I-960 was a new law. R-67 was a vote to repeal a law approved by the legislature. The other four measures were constitutional amendments placed on the ballot by the legislature.

• I-960. Votes on tax increases. Broadened existing requirement of 2/3 legislative approval for tax increases, required advisory vote on all tax increases that do not come before voters as a referendum, required legislative approval of all fee increases. APPROVED 52-48
  
• R-67. Insurance claims. Made it unlawful for insurers to “unreasonably” deny certain claims, allowed treble damages for violations. APPROVED 52-48
  
• ESSJR 8206. Budget. Dedicated 1% of revenue to stabilization account. APPROVED 68-32
  
• SJR 8212. Inmate labor. Authorized state-operated inmate labor programs. APPROVED 60-40
  
• EHJR 4024. Property taxes. Removed supermajority rule for school taxes. APPROVED 50.2-49.8
  
• SHJR 4215. Higher ed. Allowed funds to be invested in stocks and bonds. APPROVED 54-46
  

The following propositions were decided by voters earlier this year.

Alabama (June 5)

• Amendment 1. Capital improvement bonds. Legislative measure that increased to $400 million amount of bonds authorized for capital improvements. APPROVED: 79-21
• Amendment 2. Health care funds. Legislative measure that required health care funds dedicated to retired state workers to be used for their health care. APPROVED: 84-16

Alaska (April 3)

• Advisory Measure. Same-sex benefits. Asked voters if state and local governments should be prohibited from providing benefits to same-sex couples. APPROVED 53-47

Louisiana (October 20)
Four constitutional amendments were placed on the ballot by the legislature.

• Amendment 1. Police/fire salary supplements. Prohibits state from cutting supplements. APPROVED 59-41
• Amendment 2. Police/fire salary supplements. Allows state to supplement uniform pay plans for police and firefighters at Port of New Orleans. APPROVED 56-44
• Amendment 3. Retirement benefits. Prohibits increased retirement benefits for state workers without a funding source identified. APPROVED 58-42
• Amendment 4. Tax on jewelry. Exempts consigned jewelry from property taxation. FAILED 44-56

Maine (June 12)

• Question 1. $113 million bonds for transportation projects. APPROVED 71-29
• Question 2. $18.3 million bonds for water and waste treatment facilities. APPROVED 64-36

The Maine legislature also approved (without sending it to the ballot) an initiative that provides tax credits for student loans for Maine students who remain in the state.

For more on USC's Initiative & Referendum Institute, go to www.iandrinstitute.org or call (213) 740-9690. To download a PDF version of this report, click here.

John G. Matsusaka, president of the institute, can be reached at matsusak@usc.edu.

Please direct media inquiries to Gilien Silsby, director of Public Relations, at (213) 740-9690 (office), (213) 500-8693 (cell) or gsilsby@law.usc.edu.