2006 Ballot Measures: A National Scorecard

October 11, 2006 · 12:05 AM EDT

By the numbers, 2006 will have more initiatives on the ballot than any year except for 1996 and 1914. Here is a rundown of what voters will be puzzling over in the voting booth on Election Day.

SOCIAL ISSUES

Once again, some of the hottest issues on the ballot this year address social issues. The headliner is the pro-choice measure that would repeal the South Dakota legislature’s shot across the bow of Roe v. Wade. But pro-life groups are playing offense in both California and Oregon with parental notification initiatives. Other divisive social issues on the ballot this fall include stem cell research, affirmative action and the death penalty. And same-sex marriage bans have returned; while most will pass handily, supporters of same-sex marriage hold out hope they can block Wisconsin’s measure while also passing a domestic-partnerships measure in Colorado. One surprise this year: smoking bans. Voters in at least two and possibly three states will choose between two competing no-smoking measures, one backed by health advocates and the other backed by industry.

Abortion

  • California Prop 85. Requires waiting period and parental notification for minors seeking an abortion. Field Poll, August–44% yes, 45% no.
  • Oregon Measure 43. Requires waiting period and parental notification for minors seeking an abortion. Davis-Hibbitts-Midghall for Oregonian/KATU, Sep.–54% yes, 35% no.
  • South Dakota Referred Law 6. Repeals the state’s ban on virtually all abortions. Sioux Falls Argus-Leader/KELO, July–47% yes, 39% no.

Stem cell research

  • Missouri Amendment 2. Allows embryonic stem cell research. Research 2000 for St. Louis Post-Dispatch/KMOV, August– 58% yes, 37% no.

Affirmative action

  • Michigan Proposal 2. Bars state universities from discriminating on basis of race. EPIC/MRA for Detroit News/WXYZ, Sep.–48% yes, 37%no. Detroit Free Press, August–41% yes, 43%no.

Same-sex marriage

  • Arizona Prop 107. Bans same-sex marriage.
  • Colorado Amendment 43. Bans same-sex marriage. POS (R) for Rocky Mountain News, Sept.–58% yes.
  • Colorado Referendum I. Establishes “domestic partnerships” similar to marriage. POS (R) for Rocky Mountain News, Sept.–52% yes.
  • Idaho HJR 2. Bans same-sex marriage.
  • South Carolina Amendment 1. Bans same-sex marriage.
  • South Dakota Amendment C. Bans same-sex marriage.
  • Tennessee Amendment 1. Bans same-sex marriage. Chattanooga Times-Free Press/Memphis Commercial Appeal, Sept.–73% yes, 20% no.
  • Virginia Question 1. Bans same-sex marriage.
  • Wisconsin Question 1. Bans same-sex marriage. Diversified Research for wispolitics.com, Sept.–53% yes, 39% no.

Smoking restrictions

  • Arizona Prop 201. Prohibits smoking in public places, backed by health advocates. Arizona State University for KAET, Sept.–57% yes, 33% no.
  • Arizona Prop 206. Prohibits smoking in public places except bars, backed by industry. Arizona State University for KAET, Sept.–55% yes, 34% no.
  • Nevada Question 5. Bans smoking in public places with children, backed by health advocates. Mason-Dixon for Las Vegas Review-Journal, Sept.–62% yes, 34% no.
  • Nevada Question 4. Bans smoking in public places except bars and restaurants, backed by industry. Mason-Dixon for Las Vegas Review-Journal, Sept.–77% yes, 17% no.
  • Ohio Issue 5. Bans smoking in public places, backed by health advocates.
  • ** Ohio Issue 4. Bans smoking in public spaces except restaurants, bars, bowling alleys, and other locations. Backed by industry. It would supersede local anti-smoking ordinances. (**Whether this measure actually gets voted on is currently being decided by the courts.)

Death penalty

  • Wisconsin Question 2. Advisory question on bringing back the death penalty. Wisconsin Policy Research Institute, Sept.–54% yes, 37% no.

Animal welfare and hunting

  • Arizona Prop 204. Mandates minimum living space for pregnant pigs and calves. Arizona State University for KAET, Sept.–65% yes, 16% no.
  • Georgia Amendment 2. Requires state to preserve the “tradition of fishing and hunting.”
  • Michigan Proposal 3. Would affirm a law allowing hunting of mourning doves. Detroit Free Press, Aug.–40% yes, 50% no.

Gambling

  • Arkansas Amendment 1. Allows charities to run bingo games and raffles.
  • Nebraska Measure 421. Permits video keno machines.
  • Nebraska Amendment 3. Allocates $1 million for compulsive gamblers.
  • Ohio Issue 3. Allows slot machines, dedicating the revenue for college scholarships.
  • Rhode Island Question 1. Authorizes a privately run resort casino.
  • South Dakota Measure 7. Repeals video lottery.

Drug legalization

  • Colorado Amendment 44. Legalizes possession of one ounce of marijuana. POS (R) for Rocky Mountain News, Sept.–42% yes, 53% no.
  • Nevada Question 7. Legalizes possession of one ounce of marijuana. Mason-Dixon for Las Vegas Review-Journal, Sept.–42% yes, 51% no.
  • South Dakota Measure 4. Allows medical use of marijuana.

HUMAN RESOURCES

Liberals see minimum-wage hikes as their answer to same-sex marriage bans as an energizer of the base. Most if not all should pass easily, but questions remain about how much of a boost these measures will provide liberal candidates elsewhere on the ballot. In the meantime, considering the national outcry about immigration, surprisingly few immigration-related measures will be on the ballot this fall, and what there is tends to be fairly narrow-bore.

Minimum wage

  • Arizona Prop 202. Raises minimum wage; indexes it to inflation.
  • Colorado Amendment 42. Raises minimum wage; indexes it to inflation.
  • Missouri Prop B. Raises minimum wage; indexes it to inflation. Research 2000 for St. Louis Post-Dispatch/KMOV, Aug.–68% yes.
  • Montana I-151. Raises minimum wage; indexes it to inflation. Mason-Dixon for Lee Newspapers, Sept.–73% yes, 16% no.
  • Nevada Question 6. Raises minimum wage; indexes it to inflation. Already approved once; goes into effect after second voter approval in 2006. Mason-Dixon for Las Vegas Review-Journal, Sept.–72% yes, 20% no.
  • Ohio Issue 2. Raises minimum wage; indexes it to inflation.

Immigration

  • Arizona Prop 100. Denies bail to illegal immigrants.
  • Arizona Prop 102. Bars illegal immigrants from winning punitive damages.
  • Arizona Prop 103. Makes English the official state language.
  • Arizona Prop 300. Bars illegal aliens from receiving state subsidies for education and child care.
  • Colorado Referendum H. Bars businesses from deducting wages paid to illegal aliens.
  • Colorado Referendum K. Directs attorney general to sue federal government to enforce immigration laws.

TAXES AND SPENDING

Voters in at least three states will weigh tight spending restrictions for legislators, but that’s far fewer states considering such measures than anti-taxers had wanted going into 2006. (A number of similar measures were thrown off the ballot by judges.) In the meantime, voters in several states will weigh tax hikes on tobacco products. And a wide range of tax breaks and spending proposals will be on the ballot, the most interesting of which may be the bid to end the estate tax in Washington state.

TABOR restrictions

  • Maine Question 1. Imposes Taxpayer Bill of Rights (TABOR) spending restrictions.
  • **Montana CI-97. Imposes TABOR spending restrictions. Mason-Dixon for Lee Newspapers, Sept.–43% no, 34% yes. (**Whether this measure actually gets voted on is currently being decided by the courts.)
  • Nebraska Measure 423. Imposes TABOR spending restrictions.
  • Oregon Measure 48. Imposes TABOR spending restrictions. Davis-Hibbitts-Midghall for Oregonian/KATU, Sep.–32% yes, 42% no.

Tobacco taxes and settlement funds

  • Arizona Prop 203. Raises tobacco tax to fund early childhood development. Arizona State University for KAET, Sept.–62% yes, 28% no.
  • California Prop 86. $2.60 per pack cigarette surtax with funds for hospitals. LA Times, Sept.–47% yes, 42% no. Field Poll, Sept.–53% yes, 40% no. Field Poll, July–63% yes, 32% no.
  • Florida Amendment 4. Requires state to use tobacco settlement money for tobacco education. Zogby for Miami Herald, Sept.–74% yes, 22% no. Mason-Dixon, Sept.–56% yes, 21% no.
  • Idaho SJR 107. Restricts endowment from tobacco settlement funds.
  • ** Missouri Constitutional Amendment 3. Raises tobacco taxes and creates a trust fund for smoking prevention. (** Whether this measure actually gets voted on is currently being decided by the courts.)
  • South Dakota Measure 2. Increases tobacco tax and devotes revenue to health services and education.

Other taxes and spending
A wide array of tax and spending measures will be on the ballot; here are just a few of special interest:

  • Alaska Measure 2. Levies an annual tax on leases of known gas reserves, to be be repealed once a gas pipeline to the lower 48 states is built.
  • California Prop 1C. $2.85 billion bonds for low-income housing. LA Times, Sept.–51% yes, 34% no. Field Poll, Sept.–58% yes, 28% no. Public Policy Institute of California, Sept.–57% yes, 30% no.
  • Florida Amendment 6. Increases homestead tax exemption for low-income seniors. Zogby for Miami Herald, Sept.–79% yes, 17% no. Mason-Dixon, Sept.–67% yes, 14% no.
  • Florida Amendment 7. Reduces homestead tax for disabled veterans. Zogby for Miami Herald, Sept.–86% yes, 12% no. Mason-Dixon, Sept.–70% yes, 9% no.
  • Washington I-920. Repeals estate tax.

EDUCATION

It’s a big year for education spending on the ballot, with most measures set to increase what’s being spent. Competing initiatives in Colorado will be worth watching; a conservative measure requires 65 percent of school funding to be spent in the classroom, while a measure placed by the Democratic legislature offers a somewhat more flexible alternative.

Education spending

  • Alabama Amendment 2. Requires an additional local property tax in school districts where property taxes are low.
  • Arkansas Referred Question 1. Authorizes the state to borrow $250 million for education.
  • California Prop 1D. $10.416 billion bonds for public school facilities. LA Times, Sept.–43%yes, 39% no. Field Poll, Sept.–52% yes, 33% no. Public Policy Institute of California, Sept.–49% yes, 40% no.
  • California Prop 88. Establishes a $50 parcel tax for schools.
  • Colorado Amendment 39. Requires 65 percent of school spending spent on classroom instruction; backed by Republicans. POS (R) for Rocky Mountain News, Sept.–58% yes, 25% no.
  • Colorado Referendum J. Requires 65 percent of school spending spent on classroom instruction; backed by Democrats, with a broader definition of “classroom” spending. POS (R) for Rocky Mountain News, Sept.–66% yes, 21% no.
  • Idaho Prop 1. Adds 1 percent to sales tax; funds dedicated to K-12 education.
  • Michigan Proposal 5. Sets minimum spending levels for schools.
  • Nebraska Amendment 5. Dedicates $40 million to early childhood development.
  • Nevada Question 1. Requires the legislature to appropriate funds for education before other programs. Already approved once; goes into effect after second voter approval in 2006.
  • New Mexico Bond Issue B. $118.36 million bonds for higher education capital improvements.
  • North Dakota Constitutional Amendment 1. Allows public universities to spend more than their endowment interest.
  • Rhode Island Question 4. $72.79 million bonds for buildings at state university and college.
  • Wyoming Amendment B. Repeals limits on redistribution of property taxes for schools.
  • Wyoming Amendment C. Creates a fund for higher education scholarships.

LAND USE

For ballot measures in 2006, the signature issue may be land use. Voters in eight states will be asked to curb the use of eminent domain for private purposes – a relatively non-controversial question. Much more divisive, however, is whether landowners should be paid for development restrictions placed on their landholdings, or else freed of those development restrictions. Victories on just a couple of the more far-reaching measures would be a huge win for property-rights backers (who have likely benefited from voter confusion over the two types of measures) as well as a huge blow for environmentalists.

Eminent domain only

  • Florida Amendment 8. Bars eminent domain for private purposes. Zogby for Miami Herald, Sept.–55 percent yes, 36 percent no. Mason-Dixon, Sept.–54% yes, 22% no.
  • Georgia Amendment 1. Bars eminent domain for private purposes.
  • Michigan Proposal 4. Bars eminent domain for private purposes.
  • Nevada Question 2. Bars eminent domain for private purposes. Mason-Dixon for Las Vegas Review-Journal, Sept.–60% yes, 20% no.
  • New Hampshire Amendment 1. Bars eminent domain for private purposes.
  • North Dakota Initiated Constitutional Amendment 2. Bars eminent domain for private purposes.
  • Oregon Measure 39. Bars eminent domain for private purposes.
  • South Carolina Amendment 5. Bars eminent domain for private purposes.

Eminent domain plus property takings

  • Arizona Prop 207. Bars eminent domain for private purposes, but also requires government to either pay landholders for regulatory barriers to development or else waive those regulations.
  • California Prop 90. Bars eminent domain for private purposes, but also requires government to either pay landholders for regulatory barriers to development or else waive those regulations
  • Idaho Prop 2. Bars eminent domain for private purposes, but also requires government to either pay landholders for regulatory barriers to development or else waive those regulations
  • ** Montana I-154. Bars eminent domain for private purposes, but also requires government to either pay landholders for regulatory barriers to development or else waive those regulations. Mason-Dixon for Lee Newspapers, Sept.–51% yes, 24% no. (** Whether this measure actually gets voted on is currently being decided by the courts.)
  • Washington I-933. Bars eminent domain for private purposes, but also requires government to either pay landholders for regulatory barriers to development or else waive those regulations

Other land use

  • Arizona Prop 106. Preserves 694,000 acres of state trust land. Arizona State University for KAET, Sept.–49% yes, 21% no.
  • Arizona Prop 105. Preserves 43,000 acres of state trust land (is a response to 106 backed by cattle producers). Arizona State University for KAET, Sept.–36% yes, 34% no.
  • Maryland Question 1. Requires legislature’s approval before public works board sells parklands.
  • Michigan Proposal 1. Bars diversion of state conservation funds for other purposes.
  • Nebraska Amendment 1. Allows local governments to acquire land for use by nonprofit organizations.
  • Nebraska Amendment 6. Allows public debt for property that is not blighted.
  • New Jersey Public Question 2. Dedicates some state environment funds to recreational areas.

HEALTH CARE

After being a staple of ballot measures in recent election cycles, health care is the incredible shrinking issue of 2006. Only one measure, an Oregon proposal on prescription drugs, has made the ballot this year.

Health Care

  • Oregon Measure 44. Allows residents without prescription drug coverage to participate in state program.

BUSINESS AND INFRASTRUCTURE

Pro-renewable energy measures are a growth area after a similar measure passed last year in Colorado. Will high energy prices lead voters to pull the lever for “yes”? Also, pay attention to a cell-phone tax cut in South Dakota and an Oregon measure, backed by a left-right coalition, to prevent insurers from using credit scores. If either succeeds, the idea could spread nationally.

Energy

  • California Prop 87. Taxes energy companies and uses the proceeds to spend an estimated $4 billion for alternative energy research. LA Times, Sept.–45% yes, 38% no. Field Poll, Sept.–44% yes, 41% no. Field Poll, July–52% yes, 31% no.
  • Washington I-937. Requires utilities to use minimum amounts of renewable fuels.

Business and labor regulation

  • Massachusetts Prop 1. Permits sale of wine in food stores.
  • Massachusetts Prop 3. Allows child care providers in private homes to bargain collectively with state.
  • Oklahoma Question 725. Allows use of rainy-day funds to subsidize at-risk manufacturers.
  • South Dakota Measure 8. Repeals 4 percent tax on wireless phone service.
  • Virginia Question 2. Allows churches to incorporate.

Transportation

  • California Prop 1A. Prevents diversion of gas tax revenue intended for roads.
  • California Prop 1B. $19.925 billion in bonds for road projects. LA Times, Sept.–39% yes, 41% no. Field Poll, Sept.–52% yes, 36% no. Public Policy Institute of California, Sept.–51% yes, 36% no.
  • Minnesota Constitutional Amendment. Requires motor vehicle tax revenue to be used for transportation projects.
  • New Jersey Public Question 3. Increases fraction of gas tax dedicated to transportation spending.
  • Rhode Island Question 5. $88.5 million bonds for transportation projects.

Other infrastructure

  • California Prop 1E. $4.09 billion bonds for levee repairs and flood control projects. LA Times, Sept.–50% yes, 29% no. Field Poll, Sept.–51% yes, 36% no. Public Policy Institute of California, Sept.–55% yes, 30% no.
  • California Prop 84. $5.388 billion bonds for water and conservation projects. Field Poll, Sept.–50% yes, 30% no.
  • New Mexico Amendment 3. Creates but does not fund water trust fund.

Insurance

  • Oregon Measure 42. Prohibits use of credit scores when calculating insurance premiums.

LEGAL AFFAIRS

A conservative backlash against judges has spawned several initiatives to curb the judiciary, most notably in South Dakota, where a measure would open up judges and other government officials to being sued over decisions they’ve made.

Judges

  • Colorado Amendment 40. Establishes terms limits for appellate court judges. POS (R) for Rocky Mountain News, Sept.–54% yes, 37% no.
  • Hawaii Amendment 3. Repeals mandatory retirement age of 70 for judges.
  • Louisiana Question 6. Authorizes legislature to create new district court judgeships.
  • **Montana CI-98. Judges may be recalled for any reason, not just incompetence. Mason-Dixon for Lee Newspapers, Sept.–45% yes, 39% no. (**Whether this measure actually gets voted on is currently being decided by the courts.)
  • Oregon Measure 40. Requires appellate court judges to be elected by district.
  • South Dakota Amendment E. Strips judges and other government officials of protections from being sued for their decisions.

Other jurisprudence

  • Arizona Prop 301. Limits probation for methamphetamine convicts.
  • California Prop 83. Increases penalties for sex crimes. Field Poll, July–52% yes, 31% no.
  • Hawaii Amendment 4. Allows legislature to set standard for conviction in sex crimes against minors.
  • Maryland Question 2. Increases appeals to Court of Special Appeals.
  • Maryland Question 3. Limits right to jury trial for civil cases of less than $10,000.
  • Nebraska Amendment 4. Allows executive and courts to supervise parolees.
  • North Dakota Initiated Statutory Measure 3. Requires joint custody of children after divorce.

GOVERNMENT AFFAIRS

The Jack Abramoff scandal in Washington has had reverberations outside the Beltway, with several states set to vote on measures to stiffen ethics rules. And as usual, a plethora of voting-related measures pepper the ballot in many states.

Government ethics

  • Colorado Amendment 41. Gift ban and two-year revolving-door restrictions for government officials.
  • Missouri Amendment 7. Strips pensions from government officials convicted of felonies. In addition, this measure would establish a “citizens’ commission” that institutes pay raises unless two-thirds of lawmakers vote against them­ an easier path to raising pay than previously.
  • Montana I-153. Two-years revolving-door restrictions. Mason-Dixon for Lee Newspapers, Sept.–70% yes, 15% no.
  • Oklahoma Question 724. Prohibits paying legislators who are in jail.
  • South Dakota Measure 5. Requires state-owned aircraft to be used only for official business.

Voting and elections

  • Arizona Prop 200. Awards $1 million to a randomly chosen voter after each general election; designed to boost voter turnout. Arizona State University for KAET, Sept.–40% yes, 47% no.
  • Arizona Prop 205. Requires absentee ballots to be mailed to all voters.
  • California Prop 89. Offers public funding for candidates who agree to spending limits. Public Policy Institute of California, Sept.–37% yes, 53% no.
  • Maryland Question 4. Should supermajorities be needed at state election board, and should local election board procedures be changed?
  • Massachusetts Prop 2. Allows fusion voting (cross-party endorsements).
  • Oklahoma Question 733. Allows sale of alcohol on Election Day by package stores.
  • Oregon Measure 46. Allows limits on campaign contributions and expenditures.
  • Oregon Measure 47. Limits individual campaign contributions and bans campaign contributions from corporations and unions; takes effect only if Measure 46 is approved.
  • Rhode Island Question 2. Prohibits incarcerated felons from voting, restores voting rights when discharged.

Initiatives about initiatives

  • Colorado Amendment 38. Extends initiative rights throughout state and limits scope of single subject rule. POS (R) for Rocky Mountain News, Sept.–39% yes, 32% no.
  • Florida Amendment 3. Requires 60 percent voter approval for constitutional amendments. Zogby for Miami Herald, Sept.–67% yes, 27% no. Mason-Dixon, Sept.–44% yes, 23% no.
  • Maine Question 2. Requires initiatives to be submitted by constitutional deadline.

Legislator salaries

  • Arizona Prop 302. Increases legislator pay.
  • Nevada Question 11. Increases legislator pay.
  • Hawaii Amendment 2. Establishes commission to recommend state salaries.

Term limits

  • Oregon Measure 45. Restores term limits for legislators that had been struck down by the courts.

Redistricting

  • New Hampshire Amendment 2. Prohibits division of cities when drawing legislative districts.

Removes obsolete language

  • Colorado Referendum G. Removes obsolete constitutional provisions.
  • New Mexico Amendment 1. Repeals obsolete Alien Land law.

Other government operations

  • Colorado Referendum F. Extends time to contest recall petitions.
  • Florida Amendment 1. Changes budget procedures to limit use of nonrecurring revenue.
  • Georgia Amendment 3. Allows state to issue special license plates.
  • Louisiana Question 7. Replaces seven New Orleans tax assessors with one.
  • Montana C-43. Changes name of State Auditor to Insurance Commissioner.
  • Nebraska Measure 422. Repeals a school district consolidation law.
  • Nebraska Amendment 2. Allows local government to manage endowments as “prudent investor.”
  • ** Ohio Issue 1. A referendum to repeal a law that cuts workers’ compensation benefits.(** Whether this measure actually gets voted on is currently being decided by the courts.)
  • South Carolina Amendment 3A. Allows state retirement systems to invest in foreign companies.
  • South Carolina Amendment 3B. Eliminates state investment advisory panel.

Sources: Initiative and Referendum Institute; National Conference of State Legislatures; Ballot Initiative Strategy Center; Rothenberg Political Report research.

Louis Jacobson is the deputy editor of Roll Call and has covered ballot initiatives each cycle since 1994. He also handicaps the 50 state legislatures for the Rothenberg Political Report.