State Ballot Measure Monthly

Ballot Measure Monthly
2016 Measures
Total certified	157
Total proposed	1,000+

Published January 12, 2016
By Brittany Clingen

Four statewide ballot measures were certified, and one was removed from the ballot in December. Therefore, at the end of December, the total count for ballot measures in 2016 stood at 42. This number is down from the 59 measures that were certified by this time in 2013 for the 2014 ballot.

It's still early, though; there is ample time for citizens to propose measures and collect the signatures required to put those measures before voters. Additionally, state legislatures will likely send a multitude of legislatively referred constitutional amendments to the ballot. These have been the most prevalent type of measure on recent ballots, with voters seeing 91, 99 and 106 legislatively referred constitutional amendments in 2014, 2012 and 2010, respectively.

• California Drug Price Standards Initiative: This initiative was declared eligible for the November 2016 ballot on December 17, 2015. If approved by voters, the measure would regulate drug prices by requiring state agencies to pay the same prices the U.S. Department of Veterans Affairs pays for prescription drugs. A fierce—and expensive—battle between supporters and opponents of the measure will likely ensue in the coming months. Before the measure was even certified for the ballot, opponents had already amassed $23 million. Opponents believe the measure would increase the prices of prescription drugs sold to veterans and other consumers, reduce the number of drug choices available, and cost taxpayers millions of dollars as a result of implemented bureaucracy and potential lawsuits. Supporters contend that the measure would "strengthen the hand of government in negotiating prices."^[1][2]

• South Dakota Crime Victim Rights Amendment: This measure, which would expand crime victims' rights, was certified for the ballot on December 21. Specifically, the measure would require that crime victims be given the option to be present at all criminal proceedings, prohibit unreasonable delays during the offender's trial, and ensure victims are given restitution before the government. This initiated constitutional amendment is modeled after a voter-approved 2008 California measure, Proposition 9, also known as Marsy's Law. Illinois voters also approved a similar version of the amendment in 2014.^[3]

• South Dakota Redistricting Commission Initiative: This measure, which was certified for the ballot on December 24, would create an independent redistricting commission composed of nine registered voters. Redistricting would occur in 2017 and 2021, then every 10 years after 2021.^[4] Those who wanted to serve on the redistricting commission would submit applications to the board that oversees state elections and procedures. The pool would be composed of no more than 30 candidates, with at least 10 from each of the state's two largest political parties and 10 who are not registered with either political party. The board would choose nine candidates from that pool, with no more than three members being from the same political party. Chair and vice chair positions would be decided by majority vote among the commissioners.^[4]Under current law, the Legislature is required to redraw districts every 10 years after the official census figures are released. According to The Argus Leader, Democrats have said that the process is unfair because the Republican-dominated Legislature creates the maps.^[5]

• South Dakota Payday Lending Initiative: Certified on December 28, this measure would place an interest rate cap of 36 percent on short-term loans if it is approved by voters. Steve Hildebrand, the measure's sponsor, said, "We know a large majority of South Dakotans want to stop the abuse from payday lenders and now we just have to understand that get people to understand initiated measure 21 is the one to vote for."^[6][7][8]

• Alaska Setnet Ban Initiative: On December 31, the Alaska Supreme Court removed this measure from the ballot. The measure would have banned commercial setnets (fishing nets anchored in position) in urban areas, though the group behind the measure, Alaska Fisheries Conservation Alliance (AFCA), was specifically targeting the Cook Inlet commercial setnet fleet. However, the court found the initiative unconstitutional, reversing the decision of a superior court. The court ruled the power to allocate state resources, including fish, belongs to the Legislature and the board of fisheries. AFCA claimed the group plans to continue to search for other ways to ban setnets, such as in federal courts.^[9]

Five statewide ballot measures were certified in November, bringing the total count for 2016 to 39. This number is down from the 59 measures that were certified by this time in 2013 for the 2014 ballot.

• California Public Vote on Bonds Initiative: Declared eligible for the ballot on November 2, this measure would force public infrastructure bonds amounting to more than $2 billion and requiring new or increased taxes or fees onto the ballot for voter approval.^[10] While some bonds do appear on California ballots for voter approval, bonds paid for out of state revenue are not required to be voter approved. This measure, currently known as Initiative #14-0009, would require voter approval under certain circumstances.^[11]

• California Condoms in Pornographic Films Initiative: As the title implies, this measure seeks to require the use of condoms in all pornographic films featuring sexual intercourse produced in California. Supporters of the measure hope to replicate the success of Los Angeles' Measure B, which was approved by voters in 2012 and required porn actors to wear condoms.^[12] The measure was declared eligible for the November 2016 ballot on November 4, 2015.^[13]

• Colorado State Health Care System, Initiative 20: Colorado's Initiative 20 may well be one of the most-watched measures of 2016. The measure would create ColoradoCare, a healthcare payment system to finance healthcare for Colorado residents. ColoradoCare would contract with healthcare providers to pay for certain healthcare benefits and be responsible for administering Medicaid, children's basic health programs and all other state and federal healthcare funds. To pay for the new system, state taxes would be increased by $25 billion annually in 2019-20, the first fiscal year the system is predicted to be fully implemented.^[14] Initiative 20 was certified for Colorado's statewide ballot on November 9, 2015.^[15]

• Pennsylvania Judicial Retirement Age Amendment: Referred to the ballot by the Pennsylvania State Legislature and certified on November 16, this amendment would increase the state's judicial retirement age from 70 to 75.^[4]

• Maine Ranked Choice Voting Initiative: After supporters decided against trying to land this measure on the 2015 ballot, it was officially certified for the November 2016 ballot on November 18, 2015. If approved, the measure would establish a statewide system of ranked-choice voting, also known as instant-runoff voting. Specifically, ranked-choice voting would be used to elect U.S. Senators, U.S. Representatives, the Governor, State Senators and State Representatives. The initiative would define ranked-choice voting as "the method of casting and tabulating votes in which voters rank candidates in order of preference, tabulation proceeds in sequential rounds in which last-place candidates are defeated and the candidate with the most votes in the final round is elected."^[16]

• Ballotpedia's Tuesday Count for 2016
• 2016 ballot measures
• Potential 2016 ballot measures
• Local ballot measure elections in 2016