State Ballot Measure Monthly: January 2023
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By Ballot Measures Project staff
This edition of the State Ballot Measure Monthly provides an overview of ballot measures currently certified for elections in 2023 and 2024.
2023 ballot measures
Overview: Nationally, two ballot measures have been certified in two states for elections in 2023.
Status of indirect initiatives: In Maine, signatures for two indirect initiatives were verified:
- Maine Creation of Pine Tree Power Company Initiative
- Maine Prohibit Foreign Spending in Elections Initiative
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.
Signatures pending verification: Signatures have been submitted and are pending verification for one ballot initiative in Maine:
Changes in 2023 ballot measure numbers
- See also: Ballotpedia's Tuesday Count for 2023
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Comparison to earlier years
From 2011 through 2021, an average of four ballot measures were certified for odd-numbered year ballots in mid-January of the election year. An average of 32 total ballot measures were certified for odd-numbered year ballots from 2011 through 2021.
2023 certifications
Louisiana
- Gubernatorial Deadlines on Bills and Legislative Veto Sessions Amendment: The constitutional amendment will be decided on Nov. 18, 2023. The amendment would provide that the governor's deadline to act on a bill is based on the legislative session in which the bill was passed. It would also provide that the legislature may consider vetoed bills during a regular or extraordinary session rather than convening a separate veto session. In the Louisiana State Legislature, the amendment received unanimous support from Republicans and Democrats, excluding those absent or abstaining.
Oklahoma
- State Question 820: Marijuana Legalization Initiative: On March 7, 2023, voters will decide on State Question 820, which would legalize marijuana in Oklahoma. State Question 820 would allow adults to possess up to one ounce (28.35 grams) of marijuana and grow up to six mature marijuana plants and up to six seedlings, and enact a 15% tax on marijuana sales.
- Proponents wanted the initiative on the general election ballot in 2022, but due to the signature verification timeline, the initiative wasn't certified until after the deadline. Gov. Kevin Stitt (R) called a special election for March 7.
- Going into the election, 21 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes. Marijuana legalization measures were on the 2022 ballot in Arkansas, Maryland, Missouri, North Dakota, and South Dakota. The measures were approved in Maryland and Missouri and were defeated in Arkansas, North Dakota, and South Dakota.
2024 certifications
California
March 5, 2024
- Remove Voter Approval Requirement for Public Low-Rent Housing Projects Amendment: The constitutional amendment would repeal the California Constitution's Article 34 which requires local voter approval via a ballot measure for federal and/or state government-funded housing projects classified as low rent. In the California State Legislature, the amendment to repeal Article 34 received unanimous support, excluding those absent or abstaining.
- In 1950, voters approved Proposition 10, adding Article XXXIV. Proposition 10 passed with 51% of the vote. In 1980 and 1993, voters rejected ballot measures to repeal or amend Proposition 10.
November 5, 2024
- $18 Minimum Wage Initiative: The ballot initiative would increase the state minimum wage to $18 per hour by 2026.
- Yes on California Living Wage Act, also known as the Working Hero Action for the Living Wage Act PAC, is leading the campaign in support of the ballot initiative. Through Oct. 17, 2022, the campaign received $10.9 million, of which 99.9% was from businessman Joseph N. Sanberg.
- As of Jan. 1, 2023, the minimum wage in California was $15.50 per hour. California had the second-highest state minimum wage after Washington's $15.74. Washington, D.C., also had a higher minimum wage at $16.10 per hour.
- Employee Civil Action Law and PAGA Repeal Initiative: The ballot initiative would repeal the Private Attorneys General Act (PAGA). Under PAGA, employees have a private right of action to collect civil penalties for violations against the state's labor code without state intervention on behalf of the employees. The ballot initiative would enact a new law that doubles statutory and civil penalties for willful violators, requires that 100% of monetary penalties be awarded to harmed employees, and provides resources to employers to ensure labor compliance.
- Californians for Fair Pay and Accountability is leading the campaign in support of the initiative. Through Oct. 17, the campaign received $6.9 million, including $920,000 from the Western Growers Service Corp.
- Pandemic Early Detection and Prevention Institute Initiative: The ballot initiative would increase the income tax by 0.75% for individuals with income over $5 million for 10 years and dedicate revenue to a new institute, the California Institute for Pandemic Prevention. The institute would be tasked with awarding grants related to pandemic prevention initiatives. The Legislative Analyst's Office estimated that the state revenues from the tax would range from $500 million to $1.5 billion annually.
- Californians Against Pandemics is leading the campaign in support of the initiative. Through Sept. 30, 2022, the campaign received $22.3 million, including $12.0 million from the organization Guarding Against Pandemics.
Nevada
- Top-Five Ranked-Choice Voting Initiative: Voters approved the top-five ranked-choice voting initiative on Nov. 8, 2022. In Nevada, an initiated constitutional amendment, like the ranked-choice voting initiative, must be approved at two successive general elections, so the proposal will be on the ballot again on Nov. 5, 2024.
- Since 2010, there have been three initiated constitutional amendments to receive two votes; two measures were approved both times, and one, Question 3, was approved and then defeated. Question 3 received 72.36% in 2016 but 32.95% in 2018.
Rhode Island
- Constitutional Convention Question: Voters in Rhode Island will decide on a state constitutional convention question in 2024. In Rhode Island, voters are asked "Shall there be a convention to amend or revise the Constitution?" once per decade.
- In 2014, the question was rejected 45% 'Yes' to 55% 'No'.
- The last time that voters approved a constitutional convention question in Rhode Island was 1984, when 54% voted 'Yes'. After the question was approved, voters elected delegates to the 1986 Constitutional Convention, which referred 13 constitutional amendments to the ballot in 1986.
Headlines
When do veto referendums suspend laws in California? State and campaigns disagree
The campaign Save Local Restaurants filed 1 million signatures for a veto referendum to overturn California Assembly Bill 257 (AB 257), also known as the FAST Act, on Dec. 5, 2022. At least 623,212 signatures must be valid. Counties have until Jan. 25, 2023, to check a random sample of signatures. In California, a veto referendum is a type of citizen-initiated ballot measure that asks voters whether to uphold or repeal a law. There are 23 states with a process for veto referendums.
The FAST Act was designed to establish a fast food council, which would be authorized to increase the minimum wage of fast-food workers to $22 per hour and establish working hours and conditions. Gov. Gavin Newsom (D) signed the legislation on Sept. 5.
The FAST Act was set to go into effect on Jan. 1, 2023. The Save Local Restaurants PAC and California Industrial Relations Department disagree on whether the Fast ACT was suspended when the campaign filed signatures on Dec. 5. While both the campaign and state agree the bill would be suspended ahead of the election on Nov. 5, 2024, the campaign says the bill was suspended upon signature submission and the state says the bill wouldn’t be suspended until and unless enough signatures are verified.
Erin Mellon, a spokesperson for Gov. Newsom, said the bill would be enforced on Jan. 1. Mellon said, “Although industry is backing a referendum measure, the secretary of state has not certified that it has enough signatures to qualify for the ballot. The state has an obligation to implement this important law unless and until that occurs. We will, of course, abide by any court order.” According to Mellon, the FAST Act would not be suspended until and unless signatures are verified, which could come on Jan. 25.
The Save Local Restaurants PAC stated that AB 257 became “ineffective and unenforceable in its entirety” when signatures were submitted on Dec. 5. Kurt Oneto, a lawyer representing Save Local Restaurants, said that of the 50 veto referendums that have made the ballot since 1912, “not in a single one of those prior instances did the state ever attempt to temporarily enforce the referred statute while the signature review process was underway.”
Katrina Hagen, director of the California Industrial Relations Department, said there is an “absence of clear authority providing that AB 257 is suspended merely upon submission of unverified signatures.”
The Save Local Restaurants PAC filed a lawsuit to prevent the implementation of the FAST Act. Superior Court Judge Shelleyanne Chang placed an injunction on the bill ahead of a hearing on Jan. 13, 2023. Lawyers for the PAC cited the constitutional amendment from 1911, which created the referendum process, as saying “... no such act or section or part of such act shall go into effect until and unless approved by a majority of the qualified electors voting thereon.” This constitutional language was repealed and replaced in 1966, when voters approved Proposition 1A.
The California Constitution now says, “If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect.” The lawsuit stated that a logical extension of this requirement is that when referendum petitions are filed against an entire statute, the entire statute is delayed from going into effect, and “referendum petition is filed” refers to filing signatures. The lawsuit cites a 2020 stipulated agreement between Secretary of State Alex Padilla, Attorney General Xavier Becerra, and petitioners behind a flavored tobacco ban referendum. That agreement said the flavored tobacco ban legislation would not take effect on Jan. 1, 2021, while signatures were being verified.
Besides the veto referendum on the FAST Act, signatures are also being verified for a veto referendum on Senate Bill 1137 (SB 1137), which would prohibit new oil and gas wells within 3,200 feet of homes, schools, nursing homes, and hospitals and require companies to monitor leaks and emissions and install alarms. Like the FAST Act, SB 1137 was set to go into effect on Jan. 1, 2023. The California Independent Petroleum Association (CIPA) is leading the campaign, Stop the Energy Shutdown, for the veto referendum. Rock Zierman, the CEO of CIPA, said the law should be suspended pending signature verification, but that CIPA decided not to sue as the group expects the law to be suspended when signatures are verified on or before Feb. 7.
In California, voters have voted on 50 veto referendums, upholding laws 21 times (42%) and repealing laws 29 times (58%). The most recent veto referendum was on the ballot in Nov. 2022, when voters upheld a bill to ban flavored tobacco products.
See also
- 2023 ballot measures
- Ballot initiatives filed for the 2023 ballot
- Ballot Measure Scorecard, 2023
- Ballotpedia's Tuesday Count for 2023
- List of ballot measures by state
- List of ballot measures by year
Related articles
Footnotes
- ↑ This number includes citizen-initiated measures, legislative referrals, and automatic referrals.
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