State Ballot Measure Monthly: March 2022
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By Ballot Measures Project staff
This edition of the State Ballot Measure Monthly covers the certifications of 2022 ballot measures and a selection of notable ballot measure news from Feb. 20 through March 16.
Overview: Across the U.S., 77 ballot measures have been certified in 31 states to date.
Status of initiatives with signatures submitted: Signatures are pending verification for one initiated measure - the North Dakota Term Limits for Governor and State Legislators Initiative.
Status of indirect initiatives: In Alaska, Massachusetts, and Ohio, five indirect initiatives are certified to the legislature. Legislators have the option to approve them, reject them, or take no action. In Alaska, rejection or no action would allow the initiative to appear on the ballot. In Ohio and Massachusetts, rejection or no legislative action means an additional round of signatures is required for the measures to appear on the ballot.
- Alaska State Recognition of American Indian Tribes Initiative
- Massachusetts App-Based Drivers as Contractors and Labor Policies Initiative
- Massachusetts Changes to Alcohol Retail Licensing Initiative
- Massachusetts Changes to Alcohol Retail Licensing Initiative
- Ohio Marijuana Legalization Initiative
Changes in 2022 ballot measure numbers
- See also: Ballotpedia's Tuesday Count for 2022
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Comparison to earlier years
From 2010 through 2020, an average of 78 ballot measures were certified for even-numbered years in mid-March of the election year. An average of 164 total ballot measures were certified for even-numbered years from 2010 through 2020.
2022 certifications
- See also: Ballotpedia's Tuesday Count for 2022
From Feb. 20 through March 15, nine statewide measures were certified for the 2022 ballot in Alabama, Arizona, Florida, New Mexico, West Virginia, and Wyoming.
Feb. 22:
- Alabama Recompiled Constitution Ratification Question: Voters will decide whether to adopt a recompiled state constitution, known as the Alabama Constitution of 2022. The current state constitution was ratified in 1901 and has been amended 977 times since then. At about 389,000 words, the current Alabama Constitution is the longest governing document document of the 50 states. In 2020, 66.82% of voters approved Amendment 4, which authorized the state Legislature to recompile the constitution and make changes such as removing racist language, deleting duplicative and repealed provisions, consolidating provisions regarding economic development, and rearranging articles, parts, sections, and amendments. Legislators in both chambers referred the recompiled constitution to the ballot by voice vote.
Feb. 28:
- Arizona Voter Identification Requirements for Mail-In Ballots and In-Person Voting Measure: The ballot measure would make changes to the state's voter identification laws for in-person voting and mail-in ballots. Currently, Arizonans who vote in-person can present a photo ID or two documents that include their name and address. The ballot measure would eliminate the second option. To vote by mail-in ballot, Arizonans would be required to include their birth date and a voter identification number in addition to the existing signature requirement. The Legislature referred the measure to the ballot. Republicans supported the change, and Democrats voted against it.
March 3:
- West Virginia Legislative Approval of the State Board of Education Rules Amendment: The constitutional amendment would require the State Board of Education to submit its rules or policies to the state Legislature to approve, amend, or repeal. In West Virginia, the nine-member State Board of Education sets policies that govern public school education and county boards of education. In the Legislature, the constitutional amendment was titled the Education Accountability Amendment. State Sen. Charles Trump (R-15), who voted for the amendment, said, "The laws and rules under which we have to live in a free society must be crafted ultimately by people who are accountable to the citizens of our state through our elections and our state board [of education] is not."[3] State Sen. Mike Romano (D-12), who voted against the amendment, said, "I mean, we can't agree on a lot, but when we do agree, sometimes it changes from year to year. What's that going to do to public education in this state?"[3]
- Wyoming Judicial Retirement Age Amendment: The constitutional amendment would increase the judicial retirement age from 70 to 75 for state supreme court justices and district court judges. Currently, 32 states and D.C. have mandatory retirement ages for judges. In the Legislature, Democrats, independents, and 80% of Republicans voted to put the measure on the ballot.
March 9:
- New Mexico Public Education Bond Issue: On March 9, Gov. Michelle Lujan Grisham (D) signed legislation containing three bond measures for the general election ballot. The Public Education Bond Issue would authorize the state to issue $215.986 million for capital improvements to higher education, special public schools, and tribal schools. The largest recipients of bond proceeds would be the University of New Mexico in Albuquerque ($81.00 million), New Mexico State University in Las Cruces ($48.50 million), and Central New Mexico Community College ($15.00 million).
- New Mexico Public Libraries Bond Issue: The Public Libraries Bond Issue would authorize the state to issue $19.266 million for capital improvements to public, school, academic, and tribal libraries.
- New Mexico Senior Citizens Facilities Bond Issue: The Senior Citizens Facilities Bond Issue would authorize the state to issue $24.470 million for capital improvements to designated senior citizen facilities across the state. The largest recipients of bond proceeds would be the Gallup Senior Center ($5.415 million) in McKinley County, the North Valley Senior Center ($2.971 million) in Bernalillo County, and the Santa Cruz Senior Center ($2.041 million) in Santa Fe County.
March 10:
- Alabama Broadband Internet Infrastructure Funding Amendment: Voters will decide a constitutional amendment to authorize the state or local governments to grant federal funds to public or private entities for broadband internet infrastructure. Alabama slated $277 million from the federal American Rescue Plan Act (ARPA) for investments in broadband infrastructure. The Association of County Commissions of Alabama said a constitutional amendment was needed to allow counties to use the designated ARPA funds for broadband because the constitution otherwise prohibits local governments from providing things of value, such as funding, to private entities.[4]
- Florida Additional Homestead Property Tax Exemption for Certain Public Service Workers Amendment: The ballot measure would authorize the Legislature to provide a tax exemption on $50,000 of a homestead's assessed value for the permanent residencies of classroom teachers, law enforcement officers, correctional officers, firefighters, emergency medical technicians, paramedics, child welfare service professionals, and active duty members of the U.S. Armed Forces or Florida National Guard.
Headlines
Voters will decide on legislative proposals adding restrictions to ballot initiative processes in at least three states this year
Voters in at least three states will decide legislative proposals to change citizen-initiated ballot measure processes this year. Legislatures in Arizona, Arkansas, and South Dakota have passed constitutional amendments on ballot initiatives, and additional constitutional changes are being considered in Arizona and Missouri.
South Dakota
The first vote on an initiative-related constitutional amendment will be on June 7 in South Dakota. Amendment C would require a three-fifths (60%) vote at an election to approve ballot measures that would increase taxes or fees or require the state to appropriate $10 million or more in the first five fiscal years following enactment. The Legislature passed the constitutional amendment in March 2021. Senate and House Democrats opposed the proposal. Republicans were divided 69 to 24.
Arizona
In Arizona, voters will decide at least two constitutional amendments on initiatives in November. Republicans backed both proposals, and Democrats opposed both. The Legislative Changes to Ballot Initiatives with Invalid Provisions Amendment would allow legislators to amend or repeal voter-approved ballot initiatives if the Arizona Supreme Court or U.S. Supreme Court declared any portion unconstitutional or invalid. Initiatives sometimes include severance provisions, so that if one provision is declared unconstitutional, other provisions can remain binding. The proposed amendment would allow an initiative to be repealed regardless of severance if any provision is struck down. Currently, the Legislature cannot amend or repeal voter-approved ballot initiatives due to Proposition 105 (1998), also known as the Voter Protection Act, with an exception for changes that further a measure's purpose and receive a three-fourths vote in each legislative chamber.
Also on the ballot in Arizona is the Single-Subject Requirement for Ballot Initiatives Amendment. The constitutional amendment would require citizen-initiated ballot measures to embrace a single subject. It would also require the initiative's subject to be expressed in the ballot title, or else the missing subject would be considered void. Based on a 2017 state supreme court ruling, the state constitution’s current single-subject rule applies to legislative bills but not citizen-initiated measures.
Arkansas
The Arkansas State Legislature passed a constitutional amendment requiring a three-fifths (60%) vote to approve citizen-initiated measures and constitutional amendments. Voters will decide the issue on Nov. 8. In the Arkansas House, 72 Republicans and 2 Democrats approved the amendment, and 1 Republican and 17 Democrats opposed it. In the Senate, the vote was divided along party lines, with Republicans voting for and Democrats voting against.
The four constitutional amendments that lawmakers in Arizona, Arkansas, and South Dakota referred to the ballot during their 2021 legislative sessions were among 231 legislative proposals related to state and local ballot measures and recall processes that Ballotpedia tracked in 2021.
- See also:
- Arizona Legislative Changes to Ballot Initiatives with Invalid Provisions Amendment (2022)
- Arizona Single-Subject Requirement for Ballot Initiatives Amendment (2022)
- Arkansas Issue 2, 60% Supermajority Vote Requirement for Constitutional Amendments and Ballot Initiatives Measure (2022)
- South Dakota Constitutional Amendment C, 60% Vote Requirement for Ballot Measures Increasing Taxes or Appropriating $10 Million Measure (June 2022)
- Changes in 2021 to laws governing ballot measures
- Direct democracy measures on the ballot
Arizona House passes constitutional amendment that proponents say would prevent the teaching of critical race theory in schools
The Arizona House of Representatives voted 31 to 28 to pass a constitutional amendment that, according to sponsors, would prevent the teaching of critical race theory (CRT) in schools. Every Republican supported the proposal. All Democrats voted against the measure. If the Senate also approves the amendment before adjournment, then it will go before voters at the election on Nov. 8.
The proposed ballot measure would amend constitutional provisions addressing discrimination, preferential treatment, and education. Among other items, the constitutional amendment would:
- limit affirmative action policies to qualify for federal programs to outreach, advertising, and communication;
- prohibit compelling or soliciting applicants, teachers, employees, or students to support ideologies or movements that promote differential treatment based on race or giving preference based on such support; and
- prohibit public education employees from endorsing certain ideas, such as the idea that "an individual, by virtue of the individual's race or ethnicity, is subject to blame or judgment or bears responsibility for actions committed by other members of the same race or ethnic group."
Rep. Steve Kaiser (R), who supported the proposal, said the amendment would ensure "Arizona's students and teachers are never discriminated against based upon their race or taught to discriminate against others based on race."[5] Rep. Jennifer Pawlik (D), who was a teacher before her election, said, "We aren't planning lessons that will tear down children and make them feel badly about themselves, their culture, or their gender. That's not what teachers do."[5]
To pass the Arizona Senate, the constitutional amendment would need to receive 16 votes. Republicans have a 16-14 Senate majority.
- See also:
- Arizona "Stop Critical Race Theory and Racial Discrimination in Schools and Other Public Institutions Act" Amendment (2022)
- Education on the ballot
- Race and ethnicity on the ballot
See also
- 2022 ballot measures
- Ballot initiatives filed for the 2022 ballot
- Ballot Measure Scorecard, 2022
- Ballotpedia's Tuesday Count for 2022
- 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.
- ↑ The number of filed initiated measures was current as of March 1, 2022.
- ↑ 3.0 3.1 Charleston Gazette-Mail, "WV Senate passed amended state board policy takeover bill; proposal goes back to House, setting up final vote," February 28, 2022
- ↑ Association of County Commissions of Alabama, "News Release: Broadband Projects Across Ala. Counties Contingent on Support of Legislators, Voters," January 19, 2022
- ↑ 5.0 5.1 Arizona ABC 15, "Republican lawmaker wants constitutional amendment banning critical race theory," January 28, 2022
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