State Ballot Measure Monthly: April 2023

2023 U.S. state ballot measures
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April 14, 2023

By Ballot Measures Project staff

This edition of the State Ballot Measure Monthly covers the certifications of 2023 and 2024 ballot measures, as well as notable ballot measure news, from March 15 through April 14.

HIGHLIGHTS

Wisconsin voters approved a pair of constitutional amendments on the criminal justice system and pre-trial bail on April 4.

The New York State Legislature voted to refer a constitutional amendment to the 2023 ballot to remove the debt limitation of 5% in property valuations for small city school districts.

Voters in Maryland will decide on a constitutional amendment to establish a right to reproductive freedom, including the ability to prevent, continue, or end one's own pregnancy in 2024.

2023 ballot measures

Overview: Nationally, six ballot measures have been certified in four states for elections in 2023.

Status of indirect initiatives: In Maine, signatures for four indirect initiatives were verified:

• Maine Creation of Pine Tree Power Company Initiative
• Maine Prohibit Foreign Spending in Elections Initiative
• Maine Voter Approval of Borrowing Above $1 Billion by State Entities and Electric Cooperatives Initiative
• Maine "Right to Repair Law" Vehicle Data Access Requirement Initiative (2023)

The Maine State Legislature has until the end of the legislative session to act on the proposals; rejection or no action would result in the initiatives going before voters in November.

In Ohio, one initiative to legalize marijuana has been certified to the legislature, which has four months to act on the proposal; rejection or no action would result in a second signature-gathering period for the initiative campaign, and, should enough second-round signatures be verified, the initiative would go on the ballot in November.

Changes in 2023 ballot measure numbers

See also: Ballotpedia's Tuesday Count for 2023

States with 2023 ballot measures
State	Number	Change from March SBMM
Louisiana	1	+0
New York	1	+1
Oklahoma	1	+0
Wisconsin	3	+0
Total	6	+1

March 15 - April 14
Total measures	Change from March SBMM	Filed initiatives
6	+1	238

Comparison to earlier years

From 2011 through 2021, an average of six ballot measures were certified for odd-numbered year ballots in mid-April of the election year. An average of 33 total ballot measures were certified for odd-numbered year ballots from 2011 through 2021.

2023 certifications

See also: Ballotpedia's Tuesday Count for 2023

From March 15 through April 14, one statewide measure was certified for the ballot in New York for the election on November 7, 2023.

March 29:

• New York Remove Debt Limit on Small City School Districts Amendment: The amendment would remove the debt limit on small city school districts, which is equal to 5% of the average full valuation of taxable real property within the district's jurisdiction. Debt limitations on school districts were established in 1951 when New York voters approved a constitutional amendment that restricted the "powers of counties, cities, towns, villages and certain school districts to contract indebtedness and to impose taxes upon real estate." In 1985, voters approved a measure to amend Article VII, Section 8 of the New York Constitution to remove the real property tax limitations on certain other school districts. 

2024 certifications

See also: Ballotpedia's Tuesday Count for 2024

From March 15 through April 14, 10 statewide measures were certified for the ballot in Arizona, Arkansas, Indiana, Iowa, Maryland, New Hampshire, New Mexico, and North Dakota for the election on November 5, 2024.

March 16:

• Indiana Remove Superintendent of Public Instruction from Gubernatorial Line of Succession Amendment: The amendment would remove the superintendent of public instruction from the gubernatorial line of succession. The elected position of state superintendent of public instruction was abolished in 2021 and replaced by the secretary of education, a position appointed by the governor. State Senator Jeff Raatz (R), who sponsored the amendment, said, "The superintendent of public instruction is sixth in line to take over as the governor of Indiana if the elected governor and lieutenant governor vacate their roles; however, this position was added to the line of succession when it was an elected position. Now, secretary of education is a governor-appointed position. Because it is no longer an elected position, I believe it is wise to remove the position from the line of succession to make sure that only an elected official can become governor."

March 17:

• New Mexico Disabled Veteran Property Tax Exemption Amendment: The amendment would extend the disabled veteran property tax exemption to all disabled veterans (or their widows or their widowers) in proportion to their federal disability rating. A veteran disability rating is assigned to veterans based on the severity of their service-connected disability. The U.S. Department of Veterans Affairs assigns the rating to veterans as a percentage that represents how much a disability decreases overall health and ability to function. Currently, the tax exemption only applies to veterans with a federal disability rating of 100%.

• New Mexico Increase Veteran Property Tax Exemption Amendment: The amendment would increase the property tax exemption for honorably discharged members of the armed forces or their widows or widowers from $4,000 to $10,000 beginning in tax year 2024. The amendment would also require the exemption to be adjusted for inflation annually beginning in 2025. This section of the constitution was last amended in 2004 to include all honorably discharged members of the armed forces, not just those who served in times of armed conflict.

March 22:

• North Dakota Update Constitutional Language Describing State Institutions Amendment: This amendment would update the language used in the state constitution to describe certain state institutions. Under the amendment, the state school for the deaf and dumb in Devils Lake would become the state school for the deaf and hard of hearing; the state hospital for the insane in Jamestown would become the state hospital for the care of individuals with mental illness; and the institution for the feebleminded in Grafton would become a facility for individuals with developmental disabilities. State Rep. Kathy Frelich (R) of Devils Lake, who works at the school for the deaf, said, "At one time, ‘dumb’ may have referred to someone who was mute. But this is not what we think of now when we use that term" and that the amendment is "a great opportunity here to replace the outdated terminology with words that are more accurate and respectful."

March 28:

• Arizona Require Partisan Primary Elections Amendment: The amendment would require that direct partisan primaries be conducted in a way that allows political parties to nominate a candidate or candidates (in multi-seat districts) for the general election. The amendment would not change the current process but could preempt top-four primaries, as seen in Alaska, or other types of primary elections in which every candidate, regardless of party affiliation, runs in the same primary. It would also say that a legislature-enacted direct primary election law supersedes any other law or ordinance. Rep. Austin Smith (R), who sponsored the bill, said the amendment is part of a legislative proposal to preempt ranked-choice voting. He said, “[The amendment] will now be placed on the ballot in 2024 for the voters of Arizona to decide to amend Arizona’s Constitution even more and make it more clearer that we prohibit ranked-choice voting in this state. This is a huge accomplishment for conservatives and for Republicans … as long as I’m in this legislature, and as long as Republicans are here, we are going to continue to protect Arizona’s primary election system.”

March 30:

• Maryland Right to Reproductive Freedom Amendment: The measure would amend the Declaration of Rights in the Maryland Constitution to add a new section that guarantees a right to reproductive freedom, including the ability to prevent, continue, or end one's own pregnancy. The ballot measure is designed to prohibit the constitutional right from being denied or infringed unless there is a compelling state interest, which would need to be achieved using the least restrictive means. Currently, abortion is legal in Maryland until viability. Abortion is legal after viability if the woman's life or health is endangered or there is a fetal anomaly. Gov. Wes Moore (D): "I’ve been very clear from the beginning that as long as I am the Governor of Maryland, our state will be a safe haven for abortion access. This constitutional amendment will make sure it remains that way, no matter who is in office."

• New Hampshire Increase Mandatory Judicial Retirement Age Amendment: The measure would amend the constitution to say that no person over the age of 75 can serve as a judge in any court in New Hampshire. The current mandatory judicial retirement age in New Hampshire is 70. Thirty-one states and the District of Columbia have set mandatory retirement ages. In 2003, Vermont established the highest mandatory retirement age at 90 years old.

April 5:

• Iowa Require Citizenship to Vote in Elections and Allow 17-Year-Olds to Vote in Primaries Amendment (2024): This measure would prohibit local governments from allowing noncitizens to vote by providing in the state constitution that only a citizen of the U.S., rather than every citizen of the U.S., can vote. It would also provide that 17-year-olds who will be 18 by the general election may vote in primary elections. In 2018, 2020, and 2022, constitutional amendments to state that only a citizen (rather than every citizen) may vote were approved in six states.

April 6:

• Arkansas Lottery Proceed Funding for Vocational-Technical School Scholarships and Grants Amendment: The amendment would allow proceeds from the state lottery to fund scholarships and grants for vocational-technical schools and technical institutes. Arkansas is one of 45 states that have a state lottery. According to the Arkansas Department of Higher Education, the lottery has raised more than $1.2 billion in proceeds benefitting college students since 2009. The state lottery was created through voter approval of Amendment 3 in 2008. At the time of the election, Arkansas was one of eight states that did not have a state lottery.

April 10:

• North Dakota Single-Subject Requirement for Initiatives and Require Constitutional Initiatives to be Passed Twice Amendment: This amendment would make changes to the state's laws governing the initiative process, including:
  • establishing a single-subject rule for initiatives (both statutory and constitutional), as determined by the North Dakota Secretary of State;
  • increasing the signature requirement for constitutional amendment initiatives from 4% of the resident population to 5% of the resident population of the state; and
  • requiring proposed constitutional initiatives that have qualified for the ballot to be placed on the next primary election ballot, and, if approved, be placed on the next general election ballot, where it must be approved again to become effective.

Headlines

Voters in Wisconsin approved two cash bail-related amendments and an advisory question

Voters in Wisconsin approved two constitutional amendments—Question 1 and Question 2—that made changes to the conditions considered when imposing cash bail on April 4. Both measures were approved with at least 66% of the vote.

Question 1 removed bodily from serious bodily harm and allows the state legislature to define serious harm when deciding the bail conditions under which an accused person can be released before conviction. Prior to the election, the constitution stated that an accused person could be released under certain conditions meant to "protect members of the community from serious bodily harm or prevent the intimidation of witnesses."

Question 2 authorized judges to consider the totality of the circumstances when imposing and setting cash bail for persons accused of violent crimes, including circumstances related to:

• a previous conviction of a violent crime as defined by the legislature,
• the probability the accused will not appear in court,
• the need to protect the community from serious harm as defined by the state legislature,
• the need to prevent witness intimidation, and
• the potential affirmative defenses of the accused.

Voters also approved an advisory question that asked voters if able-bodied childless adults should be required to look for work in order to receive welfare benefits. The question was not legally binding and did not enact a work requirement law for welfare benefits. It was approved with nearly 80% of the vote.

See also

• 2023 ballot measures
• Ballot initiatives filed for the 2023 ballot
• Ballot Measure Scorecard, 2023
• Ballotpedia's Tuesday Count for 2023

Related articles

• State Ballot Measure Monthly