The Ballot Initiative Gazette

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Ballot measure and direct democracy news headlines from around the nation


Expensive ballot propositions? Blame the legislature, says reform group

LOS ANGELES, California: Tax burden from expensive ballot propositions got you down? According to the Center for Governmental Studies (CGS), you should blame the California State Legislature, not the state's ballot initiative process.[1]

"Most of the ballot-box budgeting has come from you." That's what Robert Stern, president of CGS, told the Senate and Assembly Select Committees on Improving State Government in a November hearing in Oakland.

According to a CGS study, of the 68 ballot measures approved between 1988 and 2009 that had a price tag attached to them, 51 were legislatively-referred constitutional amendments or legislatively-referred state statutes. That's 75%.

The legislatively-referred measures cost $9.8 billion versus $2.05 billion for citizen-initiated measures.


Prop 98 means $1 billion more for education in time of general decline, says LAO

SACRAMENTO, California: The California Legislative Analyst's Office has released a document, "The 2010-11 Budget: California's Fiscal Outlook". The report says "...the state must address a General Fund budget problem of $20.7 billion between now and the time the Legislature enacts a 2010–11 state budget plan." The report also says "The vast majority" of the current year problem can be attributed to the state's inability to implement several major solutions recommended in the July 2009 budget plan."[2]

The hard-hitting report was written by LAO Legislative Analyst Mac Taylor and other LAO staff.

John Myers, Sacramento Bureau Chief for KQED's "The California Report", said that Taylor is "quickly gaining a reputation for telling the ugly truth to power."[3]

Myers says of the November LAO report that it "makes it clear that the current problem really lies at the feet of 120 legislators and Governor Arnold Schwarzenegger."[3]

The November LAO analysis says that because of the way California Proposition 98 (1988) is worded, California's declining revenues translate into an extra $1 billion for the state's public schools, even as revenues available for other programs shrink. According to Myers, "In a nutshell: Prop 98 ties school funding, in part, to year-to-year changes in state revenue. But the year-to-year changes projected by this year's budget deal ended up being wrong, making it seem as though revenues are growing faster than projected, thus guaranteeing schools more money. Remember, this is contrary to reality, where revenues are actually declining. Nonetheless, you can expect education advocates to demand that $1 billion ASAP, given the budget reductions to schools over the past two years."[3]


Low voter turnout in Arizona city brings the idea of all mail-in election

BULLHEAD CITY, Arizona: During a two-hour city council on November 19, 2009, City Clerk Diane Heilmann presented a report that she conducted that highlighted the vast monetary differences of a traditional city election and an all mail-in election. The report calls for a mail-in election, that the city clerk states would save the city great amounts of money. Election turnout has been low, yet still costs the city $92,635 per election.[4]

According to Heilmann: “…A traditional election requires payment for poll workers, training for poll workers, set up polling sites (10 sites in BHC), test voting equipment for each polling site, fee for replacement and maintenance of polling site equipment, payment of employees who pick up and deliver materials and ballots at polling sites, and payment for employees who work on board for opening and verifying results. Also, procuring polling site workers is becoming increasingly difficult.”

The report lists the arguments for this type of election:

  • Higher percentage of voter participation
  • Cleans up voter registration rolls and keeps them current because ballots mailed are non-forwardable
  • Automatically meets early voting provisions
  • Easier for shut-in and other limited-access voters

Illinois activist proposes "Putback Amendment"

SPRINGFIELD, Illinois: Illinois activist, John Bambenek, has proposed the "Putback Amendment," an initiated constitutional amendment to the Illinois Constitution.[5] The amendment proposes to create a unicameral legislature, impose a term limit of four terms, allow only "texted bills" to the legislature floor and create a mandatory 7 day period between when a final bill is finalized and voted upon to allow for the public to review the document. In order to place the measure on the November 2010 statewide ballot Bambenek must collect a minimum of 500,000 valid signatures by May 2010. If placed on the ballot the amendment would require either "50.1% of all the voters or 60% of those that vote on the amendment."[6] According to amendment supporters the measure was proposed in order to increase transparency and because "it is clear that the Illinois General Assembly is broken."[5]


South Dakota smoking referendum approved for 2010 ballot

PIERRE, South Dakota: The South Dakota Smoking Ban Referendum will appear on the 2010 statewide ballot, after last week's ruling by Circuit Court Judge Kathleen Trandahl. According to Attorney General Marty Jackley and Secretary of State Chris Nelson the state will not appeal the court's decision.[7] Judge Trandahl ruled that referendum supporters had 240 more signatures than the minimum signature requirement.[8]

Previously, Nelson ruled that the group was short 221 signatures. A total of 25,400 petition signatures had been submitted. After an appeal by referendum supporters, the secretary of state further reviewed the signatures. In early November, Nelson ruled that supporters were still shy 61 signatures of the 16,776 minimum requirement to move the measure to the ballot.[9]


Six states propose marijuana measures amid a rise in support

Arizona, California, Florida, Minnesota, Oregon, South Dakota: Thus far six states throughout the country have proposed a total of six marijuana related measures for the 2010 ballot. The propositions follow the approval of Maine's Question 5, a measure that proposed creating nonprofit dispensaries to help patients get a safe supply of their medicine. It also proposed establishing a statewide ID card system to protect patients from arrest.

Shortly after the approval of Question 5, the American Medical Association announced that they reversed their position on marijuana. Additionally, the association has since urged the federal government to remove marijuana from Schedule One of the Controlled Substances Act.[10] According to a Gallup poll, support for marijuana has increased. In October 2009, they reported 44% of Americans were in favor of full legalization of marijuana, compared to 31% in 2000.[11]


Eyman privacy case awaits Referendum 71 ruling

OLYMPIA, Washington: Thurston County Superior Court Judge Richard Hicks announced on Friday that he will wait for the United States Supreme Court ruling on the Referendum 71 privacy case before moving forward with Tim Eyman's lawsuit to block the release of petition signatures. “Let’s find out what the U.S. Supreme Court is going to do. Then this can go forward,” Hicks said from the bench. “I’m very much in favor of openness, but I also believe in privacy and constitutional rights...I want to do the right thing. I don’t want to do a lot of work for nothing that turns out to be superseded by what a higher court does," said Judge Hicks.[12]

Tim Eyman filed his lawsuit after debate began regarding to the release of R-71's petition signatures. The lawsuit requests blocking the release of petition signatures relating to approximately 11 initiatives (including this years I-1033).[13]

The 11 initiatives mentioned in the lawsuit include:[14]


Utah GOP opposed to ethics initiative

SALT LAKE CITY, Utah: This week Utah GOP leaders announced that the party's central committee approved a resolution to oppose a proposed Utah Ethics Commission Initiative (2010). Of the 103 committee members present, only one member opposed the resolution. "The state party strongly supports ethics reforms at all levels, but did not feel this initiative achieves those goals," said state party chairman Dave Hansen.[15] Among the arguments against the initiative, the resolution stated,"among other things, the UEG initiative removes responsibility for ethics in government from the people and their elected representatives, and places it in the hands of an unelected, unaccountable commission."[16]

The initiative, sponsored by Utahns for Ethical Government, proposes establishing a five-member independent commission to investigate ethics complaints against lawmakers and recommendations to the state legislature. Additionally, the initiative proposes ending corporate contributions to legislative candidate and placing a $2,500 cap on individual donations and $5,000 cap on contributions from political action committees over a two-year period.[17]


California gaming tribes rank near top of nation's political givers

California: Three of California's Indian gaming interests rank in a "Top 10" list of the country's special-interest donors. The list was released by the National Institute on Money in State Politics and the Center for Responsive Politics.[18]

Tribes in the Top 10 list are:


Montana 2006 recall effort billboard may have violated law

HAMILTON, Montana: A nine-page ruling by Commissioner of Political Practices Dennis Unsworth stated that Jack Vallance violated state campaign finance laws when he flew his airplane with an electronic billboard message that campaigned for the recall of Hamilton city councilor Bob Scott. The ruling stated that the act should yield a civil penalty. According to state law, billboard signs must contain information on who funded the sign.

The recall election was held in 2006, in which Scott retained his seat, with a slim margin of 152-150. The recall was the result of accusations that Scott implement “playground antics” that hurt the city and residents, including submitting a $152 travel expense reimburesment two years prior to that. [19]


Beer and wine grocery sales may be on Colorado ballot

DENVER, Colorado: Blake Harrison, a Denver attorney and candidate for the State House, filed an initiative to allow the sale of wine and full-strength beer within grocery stores. The initiative, also known as Initiative 29, was filed this week with the Colorado Legislative Council. A hearing on the proposal is scheduled for December 1st.[20] According to the submitted proposal, grocery and convenience stores would be allowed to set aside 5% of their floor space for beer and wine sales. State law currently only allows the sale of reduced-strength beer. In turn, liquor stores would be able to designate 5% of their shelf space for food sales, which are currently not allowed.[21]

In the past couple of years, two similar bills have been shot down. In 2008, a legislative proposal died in committee after a 5-1 Senate Finance Committee vote. The measure was opposed by liquor-store owners who argued the bill would severely impact their businesses. In 2008, however, the general assembly passed a law to allow Sunday liquor sales. In 2009, Rep. Liane "Buffie" McFayden attempted to pass a similar bill but it was defeated in the House Business Affairs and Labor Committee.[22]


Massachusetts dog track betting not gone--yet

BOSTON, Massachusetts: The House approved a bill on November 10, 2009 that extends simulcasting at the state’s two dog racing tracks until July 31, 2010. The Wonderland Greyhound Park had stopped racing after Massachusetts voters approved a ballot question in 2008 to ban such events. The park is to cease racing on December 31, 2009, and the state's other dog park, The Raynham Park, is supposed to stop races the next day.[23]

If the Senate approves of the bill, both parks would be converted into off-track betting venues for the first half of the 2010. Only bets on races elsewhere in the country would take place at the parks.


Texas ballot measures show low turnout throughout the state

Texas: Texas voters saw 11 ballot measures on November 3, 2009, with topics ranging from eminent domain to education to veterans affairs. Apparently, that didn’t catch the eyes, ears, or lever hands of Texas voters. According to the Secretary of State’s website, no amendment saw more than 8.14% of registered voters in the state of Texas decide on it. The measure with the lowest turnout was Proposition 5, with only 7.85% of registered voters voting on the issue. In Brazoria County, an editorial by TheFacts.com stated: “The Texas Secretary of State’s Office didn’t exactly have the highest of expectations for the Nov. 3 election, predicting overall turnout of between 3 and 4 percent. Voters in Brazoria County are meeting expectations, which in this case isn’t a good thing.”[24][25]

Even before the elections, most Texas newspapers predicted a low voter turnout, as constitutional amendments in the state historically show small numbers. According to Allbusiness.com, in Hidalgo County, Election Administrator Yvonne Ramon stated the low turnout is typical for amendment elections, and the county was “on par” with most counties throughout the state in the early voter returns.[26]

In Angelina County, Election Administrator Thelma Sherman reported during election day that at one point, only 844 people had voted, with the county holding 46,600 registered voters. Sherman stated a frustration with the dismal numbers due to the hard work and money put in to hold the elections. According to Sherman: "It takes as much to put on a small election as it does to put on a big election and with all the electronic equipment and the cost to have staff to work the polling places."[27]

Voting numbers were almost non-existent in Zavala County, as the no proposition hit over the 2% mark. The lowest for the county was Proposition 2, which yielded a mere 1.79% of registered voters.[28]


Rhode Island looking into marijuana issue

Ballotpedia News
Propositions • Recall • Law

Massachusetts statewide sales tax measure gaining momentum

BOSTON, Massachusetts: Activists stated during the week of November 19, 2009 that they had collected enough signatures to place the measure on the 2010 ballot. Carla A. Howell, chairwoman of the committee organizing the effort, Alliance to Roll Back Taxes, declined to provide the number of signatures collected, but did state: "We do feel confident we've submitted more than the requirement.”[29]

According to the ballot summary: This proposed law would reduce the state sales and use tax rates (which were 6.25% as of September 2009) to 2.5% as of January 1, 2011. It would make the same reduction in the rate used to determine the amount to be deposited with the state Commissioner of Revenue by non-resident building contractors as security for the payment of sales and use tax on tangible personal property used in carrying out their contracts.[30]


Hearing date set for Idaho ballot access lawsuit

BOISE, Idaho: Daien v Ysursa now has a hearing date set for Monday, December 14, 2009.[31]

The case challenges the ban on out-of-state circulators for independent presidential candidates. The case was filed on April 7, 2009. The lawsuit was filed by Donald N. Daien, a resident of Arizona, because he wanted to help Ralph Nader to appear on the Idaho ballot last year. He stated that he wanted to help other candidates appear on ballot in the future, giving him reason to file the lawsuit on January 16, 2009.[32]


Secret Ballot initiative filed in Nevada

CARSON CITY, Nevada: The Nevada Secret Ballot Amendment initiative was filed this week with the secretary of state's office. The measure proposes protecting the "right to vote by secret ballot for elections for public office, for decisions on ballot measures, and for designations of employee representation." In order to qualify the measure for the November 2010 ballot supporters are required to collect a minimum of 97,002 valid signatures.[33]

The same initiative has been filed in Arizona, Arkansas, Missouri, Colorado, and Utah. Currently, legislation, also known as the Employee Free Choice Act, is pending before the United States Congress that would remove that requirement from federal law.


Same-sex marriage opponents file lawsuit against D.C. board

Washington, D.C.: Only a day after the Washington, D.C. Board of Elections and Ethics announced their rejection of placing a proposed same-sex marriage ban measure on the ballot, same-sex marriage opponents filed a lawsuit against the board.[34] The suit was filed in D.C. Superior Court on Wednesday, November 18, according to representatives of the Alliance Defense Fund. According to reports, Bishop Harry Jackson and other opponents are "vowing an extensive court battle."[35]

The proposed measure read:

Only marriage between a man and a woman is valid and recognized in the District of Columbia.

Ohio Rep. Garrison introducing bill already in place

Columbus, Ohio:

It sure would be nice if elected state officials were required to become familiar with applicable parts of the state constitution and statutes before drafting their bills.

Ohio Rep. Jennifer Garrison introduced a bill called The Ballot Integrity Act that would require circulators and coordinators to register with the secretary of state's office. She said this law is needed to cut down on the number of initiatives on the ballot. [36] [37]

That part of her new bill won't be necessary. Ohio's Form 15 is already in place for circulators and coordinators.



D.C. board rejects same-sex marriage ban on ballot

Washington, D.C.: Yesterday, the Washington, D.C. Board of Elections and Ethics ruled to reject a proposed ballot measure to ban same-sex marriage on the basis that it would violate D.C.'s Human Rights Act (HRA). The HRA prohibits discrimination. Previously, the board rejected a proposed referendum on the district's recognition of out-of-state same-sex marriages. The board based their ruling on the district's HRA law. The D.C. City Council is expected to vote on same-sex marriage December 1, 2009. The council is required to vote twice before the law is accepted.[38]


Marijuana activist gets $30k from national group

HAILEY, Idaho: A marijuana activist who successfully lobbied for Haily residents to pass two marijuana intiatives in 2007 and 2008, claims to have recieved $30,000 from a national marijuana group that allegedly backed out of funding his efforts. Ryan Davidson won a $60,000 grant from the Washington D.C. based Marijuana Policy Project, but the group withdrew the cash after Davidson met resistance with local communities. Although the Idaho Supreme Court later approved his initiatives, the group still refused to cooperate, according to Davidson.[39]

Despite the victory in court, Davidson's marijuana initiatives have subsequently been thrown out in court.


Mississippi Voter ID initiative surpasses signature halfway mark

JACKSON, Mississippi: According to Secretary of State Delbert Hosemann, Mississippi Voter Identification Petition (2011) proponents have gathered more than half of the required signatures to place the initiative on the 2011 statewide ballot. A minimum of 90,000 valid signatures are required to qualify the measure.[40] The measure, if successful, would require Voter ID at the polls in the state. The measure was previously proposed for the 2008 ballot, however, Mississippi Senate failed to take action on the proposal. The 2011 initiative is sponsored by Delbert Hosemann and Sen. Joey Fillingane.


Oregon autism community moves forward with vaccine initiative

SALEM, Oregon: This week the Oregon autism community announced that they are moving forward with efforts to place an initiative focused on vaccines and neurological disorders on the statewide ballot. The initiative is sponsored by Generation Rescue and supported by Talk About Curing Autism (TACA). The proposal is in its early stages and proponents are still deciding what exactly will appear in the ballot proposal. Some of the listed ideas and areas of concern for the sponsors include: increased research of unvaccinated children and aluminum; changes to the current vaccine disclosure and informed consent laws; banning thimerosal for children and pregnant women.[41]


California water bond measure may re-ignite the north/south war of 1982

The Sacramento-San Joaquin River Delta

STOCKTON, California: Democratic assemblywoman Noreen Evans said that the $11 billion water bond on the June 2010 ballot may be "the same tired story all over again". Her comment referred to the Peripheral Canal Vote of 1982, when northern California voters went to the ballot box to overturn a plan of the California State Legislature to divert water from northern California to southern California through a concrete canal starting on the periphery of the Sacramento-San Joaquin river delta that would have moved water resources south.

Republican assemblyman Charles DeVore, criticizing the water bond from a different perspective, said that it is approximately double what it would take to "add water and fix the ecologically fragile delta". He asks, "Why is it that the price tag for this is a little more than double what it takes to do the job?"[42]

The $11 billion water bond bill includes about $2 billion in earmarks for projects that "lawmakers candidly acknowledge were included in the proposal to win the votes that were needed to pass the plan out of the Legislature."[42]

Examples of projects that would be funded if the proposition passes, but which are not related to improving the quality of California's water system, are:

  • $40 million to educate the public about California's water.[42]
  • $100 million for aLake Tahoe Environmental Improvement Program for watershed restoration, bike trails and public access and recreation projects.
  • $75 million for the Sierra Nevada Conservancy, for public access, education and interpretive projects.
  • $20 million for the Baldwin Hills Conservancy to be used to buy more land. The conservancy is near the home of Assembly Speaker Karen Bass.
  • $20 million for the Bolsa Chica Wetlands in Huntington Beach for interpretive projects for visitors.[42]

Gov. Schwarzenegger said, ""When you hear about pork, what is for some people pork is for us cleaning up the groundwater."[42]

The amount of money requested in the bill was increased by $1.15 billion in an all-night session that ended just hours before the bill was approved.


1992 measure re-appears in midst of Oklahoma's down economy

OKLAHOMA CITY, Oklahoma: 5 percent reductions in state agencies have been ordered the past three months due to declining revenues during the current fiscal year. According to the governor's chief budget adviser, those reductions could increase. Among the down economy is the effects of the 1992 measure that Oklahoma voters approved that prohibited legislature from raising taxes without the approval of voters if the increase does not pass 3/4 vote of each legislative body.[43]

If deeper cuts are necessary, lawmakers could choose to raise taxes to keep the cuts at 5 percent, but must do it under the provisions of the measure that was passed 19 years ago.


New Montana ballot proposal filed

HELENA, Montana: A new proposed ballot measure has been filed with the Montana Secretary of State's office.

The effort to place the measure on the ballot is being led by Stevensville, Montana resident Duane A Sipe. The Secretary of State's Office recieved the proposed ballot measure on November 9, 2009. Sipe is proposing an amendment that would allow citizens to convene special investigative juries in their counties, not just judges. The proposed amendment would allow .5 percent of registered voters in a county to sign a petition that would subsequently summon an 11 person jury. According to Sipe's proposed amendment, any indictment brought by 8 of those jurors would have to be prosectued by the county's attorney.[44]

If the measure clears a review by the Secretary of State's office, Sipe will then have to collect 48,000 signatures from registered voters in Montana in order to place the measure on the ballot.[45]


Ripple effect of Maine's gay-marriage decision hits New Hampshire

CONCORD, New Hampshire: Maine's Question 1 may not have had the bravado of California's Proposition 8 of 2008, in terms of news coverage, but it's effects on the gay-marriage issue is proving to be just as significant to both sides of the argument. The defeat of same-sex marriage is causing other states to take notice, and New Hampshire has recently joined in. On January 1, 2010, gay couples in the state will be able to join hands in matrimony, as that will be the first day gay marriages will be allowed.[46]

However, two legislative proposals that have been filed requesting a bill and a constitutional amendment that would repeal the new law not long after it takes effect at the start of the new year. The legislative session begins in January, and both opponents and proponents are preparing for a heated fight.


Delaware forest referendum supporters must work to get it on ballot

BURLINGTON, Delaware: Supporters of a referendum that would ask Town Meeting representatives and selectment to support selling a 250 acre portion of town-owned land must now work to get it placed on a 2010 ballot. The town board voted 3-2 on a motion against putting the referendum on the ballot. As a result, supporters must now collect 1,600 valid signatures from registered voters in town if they want the referendum on the ballot.[47]

The land, known as the Land-locked Forest, would be sold to the development group Patriot Partners, and would most likely be developed into a retirement community.


'Political downsizing': Western New York may be setting trend

BUFFALO, New York: Western New York may be going down a path that most voters have yet to see, or may be unfamiliar with. It's a trend that may become popular across the country. Kevin Gaughan, founder of a movement that calls for "political downsizing", states a theory that "the best(and maybe only) way to cut government is to start with your own representatives." Gaughan is leading the movement that not only removes people from office, but removes the offices themselves. Communities are now beginning to adopt the idea of voting by referendum to reduce the number of seats on town councils.[48]

Four towns in Western New York that considered referenda to reduce the number of members on their town boards voted to do so. In Niagara County voters decided to reduce the county legislature from 19 to 15. According to Gaughan: "This is our chance to send a message. Now we have a stick. The guys on the council are friends of mine. I'm sorry it has to start at this end. But it has to start somewhere."


Oregon Supreme Court makes minor changes to tax ballot titles

SALEM, Oregon: On Friday, the Oregon Supreme Court slightly modified the ballot title wording of two 2010 tax hike referendum measures - Measure 66 and Measure 67.[49] The main point of argument surrounded a sentence included in both ballot titles: "Maintains funds currently budgeted for education, health care, public safety, other services." Tax opponents argued that the sentence was pure "speculation" and should be omitteded from the title, however, the court ruled instead to replace the word "maintains" with "provides."[50] Additionally, the court changed the wording of the "no vote" description to read: "Leaves amount currently budgeted for education, health care, public safety, other services underfunded." Previously, it had read, "Reduces funding currently budgeted for education, health care, public safety, other services by estimated $472 million."[51]


Updated ballot titles may be read here.


Pam Murray recall appears to be successful

NASHVILLE, Tennessee: Yesterday, Nashville residents cast their votes regarding whether to recall Nashville Councilwoman Pam Murray. Recall efforts began after Murray and Councilwoman Karen Bennett disputed a proposed bill that would have led to permitting mobile vendors on Cleveland Street in which some called Murray "unresponsive". Residents became increasingly concerned after a NewsChannel 5 report in April 2009 that revealed that Murray works for a methadone clinic in Detroit, Michigan despite her legal residence being in Nashville.[52] According to Nashville law, elected officials must reside in the city or district they represent.

Murray was first elected to the District 5 council in 2003.

ApprovedAccording to unofficial results and the Davidson County Election Commission, the recall effort was approved. The election commission plans to certify the results on Monday.[53]

  • Pam Murray (incumbent): 540 (49.91%)
  • Jamie Hollin (challenger): 542 (50.09%)

Ohio representative proposes new initiative law

Columbus, Ohio: This week Ohio Rep. Jennifer Garrison revealed the "Ballot Integrity Act" - proposed legislation that would amend the state's initiative process. On Thursday, Garrison said, "I am here to improve our initiative process for the future and protect Ohio’s Constitution. Over the past several years, Ohio has seen a sharp increase in ballot initiatives and if this continues, we’ll become the California of the Midwest." One of the problems with the state's initiative process, she said, is that some people simply are not following the laws, however, she noted that some the laws need to be revised.[54]

The legislation, if approved, would:

  • require petition firms to get licenses
  • give the secretary of state the power to deny licenses to petition firms that previously violated petition laws in Ohio or other states
  • require the registration of petition circulators
  • require the development of training programs for petition circulators

Nevada personhood amendment faces legal challenge

CARSON CITY, Nevada: A lawsuit was filed this week against the proposed Nevada Personhood Amendment by the American Civil Liberties Union, Planned Parenthood and several individuals. According to the filed lawsuit, the petition and the description are "misleading" and does not include an explanation of the proposition's objective. Should the lawsuit be successful, the petition could still be allowed on the ballot if the language is altered.[55] The measure, if approved, would recognize the personhood of the unborn from the earliest stages of life. The amendment is supported by Personhood Nevada and is part of a nationwide effort to place the measures on 2010 ballots. [56] Maggie McLetchie, a lawyer for the ACLU of Nevada, said, "They seek to outlaw a huge range of reproductive services. Under the petition, fetuses could sue and be sued. What they are proposing is so radical and would clog up the courts." However, Richard Ziser, a supporter of the measure, said that it is clear what the petition's objective is - "It is to protect the life of the unborn. They would prefer we used the term abortion. We will see what we will end up with."[55]


South Dakota smoking referendum eligible for ballot, signatures to be reviewed

PIERRE, South Dakota: After much debate the proposed South Dakota Smoking Ban Referendum is eligible for the 2010 statewide ballot, ruled Circuit Judge Kathleen Trandahl. However, the issue regarding the number of valid signatures remains to be resolved. However, according to reports Judge Trandahl's final decision is expected to be appealed to the South Dakota Supreme Court.[57]

Signature requirements:

  • Required: 16,776
  • Filed: 25,400
  • Invalid: 8,845 (as of July 23)
  • Invalid, after review: approximately 8,685 (as of November 2)

Texans hope to get top tier universities after amendment passage

AUSTIN, Texas: Among the 11 constitutional amendments that passed in the state of Texas was Proposition 4, an amendment that will now transfer $500 million from a “dormant” existing fund into a new National Research University Fund which will be used to hire faculty members and to turn seven schools into Tier One Universities: University of Texas campuses at Dallas, Arlington, El Paso and San Antonio; Texas Tech University; the University of Houston and the University of North Texas.[58]

According to Bill Hobby, former Lieutenant Governor of the state: "Tonight's passage of Proposition 4 sends this important message: Texans understand that more nationally recognized research universities will help retain Texas-grown talent, recruit top researchers who will generate billions of dollars in economic growth, and create more high-paying, permanent jobs.”


Rhode Island Governor vetoes gay issue bill, says voters should decide

PROVIDENCE, Rhode Island: Governor Donald Carcieri has vetoed a bill that, if passed, would have enabled gay couples the right to plan funerals for their partners, the same rights that heterosexual couples have. Carcieri, who is an opponent of gay marriage, stated that the legislative bill would “erode” heterosexual marriages. Another aspect of Carcieri’s logic is his beliefs that the issue should be decided by voters.[59]

According to Carcieri: “If the General Assembly believes it would like to address the issue of domestic partnership, it should place the issue on the ballot and let the people of the State of Rhode Island decide.”


Pennsylvania Supreme Court denies third party candidate

BERKS COUNTY, Pennsylvania: A year ago, Dennis Baylor began his campaign to run for the Pennsylvania State Senate as an independent. After losing to incumbent James Rhoades, Baylor decided that he should run again in a March special election under the No-Party Party of Pennsylvania. He had gathered enough signatures to appear on the November ballot, but was told that the had to start the signature gathering process all over again. The independent then filed a lawsuit, stating that state election code was “unconstitutionally burdensome toward minor party candidates seeking ballot access”.[60]

However, the Pennsylvania Supreme Court denied his subsequent appeal. Justice J. Michael Eakin later stated that the third party candidate had “viable claims” in stating his complaints about ballot access laws. Baylor filed a petition on October 28, 2009 for reconsideration of his case.


Tulsa sees three charter amendments pass

TULSA, Oklahoma: The city of Tulsa, Oklahoma saw three charter amendments pass after the November 3, 2009 election results came in. The three charter amendments and their impact follows:[61]

  • Proposition 1 requires candidates for city auditor to be certified public accountants or certified internal auditors. 84% voted in favor.
  • Proposition 2 rearranges City Council elections so three seats will be on the ballot each year for three-year terms. 56% voted in favor.
  • Proposition 3 requires that both the mayor and council approve any claim or lawsuit settlement of $1 million or more. 65% voted in favor.

California utility PG&E appears to have signatures for "right to vote" measure

SACRAMENTO, California: California utility Pacific Gas & Electric and the campaign committee it has given $3.5 million to, appear to have enough signatures to qualify the California Taxpayers Right to Vote Act (2010) for the 2010 ballot in California,

A report in early November said that petitions for the measure were "off the streets and being prepared for submission." If sponsors want the measure on the June 8, 2010 ballot, they'd need to submit these signatures by Monday, November 16. If they submit the signatures after November 16, the measure, if it qualifies, will qualify for the November 2, 2010 ballot.[62]


North Carolina county sales tax measure yields high campaign spending

LEE COUNTY, North Carolina: Lee County voters decided on a sales tax increase on November 3, 2009, and voted in favor of measure. Campaigning for the measure, according to a local newspaper report, reached high levels of spending, both for the increase and against.[63]

The ballot question raised the sales tax in the county from a quarter of a penny to 8 percent, with revenue being used to renovate Lee County High School. According to the report, The Lee County chapter of Americans For Prosperity, a group that was against the measure used campaign signs, automated phone calls and ads in the local newspaper ads. Those strategies are said to have a value of 7,044.55. The Lee Education Investment Committee, a group for the increase, reportedly collected $14,375 from donors as well.

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