From Ballotpedia | California Proposition 56 | |
|---|---|
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| Election date November 8, 2016 | |
| Topic Tobacco | |
| Status | |
| Type Amendment & Statute | Origin Citizens |
California Proposition 56, the Tobacco Tax Increase Initiative, was on the November 8, 2016, ballot in California as a combined initiated constitutional amendment and state statute. It was approved.[1]
| A "yes" vote favored increasing the cigarette tax by $2.00 per pack, with equivalent increases on other tobacco products and electronic cigarettes. |
| A "no" vote opposed increasing the cigarette tax by $2.00 per pack, with equivalent increases on other tobacco products and electronic cigarettes. |
The tobacco tax increase went into effect on April 1, 2017.
Initiatives to increase taxes on tobacco products were also on the ballot in Colorado as Amendment 73, Missouri as Proposition A and Amendment 3, and North Dakota as Measure 4 in 2016.
| Proposition 56 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| 8,980,448 | 64.43% | |||
| No | 4,957,994 | 35.57% | ||
California had a tobacco excise tax of $0.87 per pack of cigarettes in 2016. The average state tobacco tax was $1.65 in 2016. Fourteen states had lower tobacco taxes than California, while 34 states and D.C. had higher taxes. The federal government levied a $1.01 tobacco tax in 2016.[2]
Prior to the passage of Proposition 56, revenue from the state tax on tobacco went to the General Fund, tobacco prevention, healthcare services for low-income persons, environmental protection, breast cancer screenings and research, and early childhood development programs.[3]
Proposition 56 increased the tobacco tax by $2.00, bringing the total tobacco tax up to $2.87 per pack of cigarettes. The tobacco tax was levied on other tobacco products and e-cigarettes as well. Revenue from the additional $2.00 tax was allocated to physician training, prevention and treatment of dental diseases, Medi-Cal, tobacco-use prevention, research into cancer, heart and lung diseases, and other tobacco-related diseases, and school programs focusing on tobacco-use prevention and reduction.[3]
No on 56 outraised supporters two-to-one. Yes on 56 had received $35.53 million, while opponents had raised $70.98 million. Two of the largest cigarette manufacturers in the U.S., Philip Morris USA, R.J. Reynolds Tobacco Company, and their affiliates, together contributed over $69 million to No on 56. Supporters’ biggest donor was Tom Steyer, who contributed over $11.55 million. Prior to the election, polls showed support for Proposition 56 around 60 percent. The California Democratic Party backed the measure, and the California Republican Party opposed it.
California levies an excise tax on tobacco products. In 2016, the tobacco tax was 87 cents per pack of cigarettes. Revenue from the tax was distributed as follows:[3]
The federal government also levied a tobacco tax at $1.01 per pack of cigarettes.
Proposition 56 did not change how the 87-cent tobacco tax is allocated. Rather, the measure added an additional $2.00 tax, bringing the total tobacco tax up to $2.87 per pack of cigarettes. It increased the excise tax on other tobacco products equivalently. Proposition 56 changed the definition of "other tobacco products" in state law to include e-cigarettes. Therefore, Proposition 99 and Proposition 10 taxes apply to e-cigarettes.[3]
Revenue from the $2.00 tax levied by Proposition 56 was distributed through a four-step process:[3]
The official ballot title was as follows:[4]
| “ | Cigarette Tax to Fund Healthcare, Tobacco Use Prevention, Research, and Law Enforcement. Initiative Constitutional Amendment and Statute.[5] | ” |
The long-form ballot summary was as follows:[3]
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The shorter ballot label summary was as follows:[3]
| “ |
Increases cigarette tax by $2.00 per pack, with equivalent increase on other tobacco products and electronic cigarettes containing nicotine. Fiscal Impact: Additional net state revenue of $1 billion to $1.4 billion in 2017-18, with potentially lower revenues in future years. Revenues would be used primarily to augment spending on health care for low-income Californians.[5] |
” |
The long-form, official ballot summary for Proposition 56 was identical to the initial summary provided to initiative proponents for the purpose of circulating the initiative for signature collection.
The full text of the measure could be found here.
Note: The fiscal impact statement for a California ballot initiative authorized for circulation is jointly prepared by the state's legislative analyst and its director of finance. The statement was as follows:[4]
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Proposition 56 added a Section 23 to Article XVI of the California Constitution:[3]
SEC. 23. The tax imposed by the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 and the revenue derived therefrom, including investment interest, shall not be considered General Fund revenues for purposes of Section 8 and its implementing statutes, and shall not be considered “General Fund revenues,” “state revenues,” or “General Fund proceeds of taxes” for purposes of subdivisions (a) and (b) of Section 8 and its implementing statutes.[5]
Proposition 56 added a Section 14 to Article XIII B of the California Constitution:[3]
SEC. 14. “Appropriations subject to limitation” of each entity of government shall not include appropriations of revenue from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund created by the California Healthcare, Research and Prevention Tobacco Tax Act of 2016. No adjustment in the appropriations limit of any entity of government shall be required pursuant to Section 3 as a result of revenue being deposited in or appropriated from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 Fund.[5]
Below is a chart detailing the state tobacco excise tax in all 50 states, plus the District of Columbia, as of August 1, 2016. The federal government levied a $1.01 tobacco tax in 2016. In 2016, New York had the highest tobacco tax at $4.35 per pack of cigarettes. Missouri had the lowest tobacco tax at 17 cents per pack of cigarettes. The mean or average tobacco tax was $1.65.[2]
| State | 2016 tobacco taxes | Rank |
|---|---|---|
| Alabama | $0.675 | 40 |
| Alaska | $2.00 | 13 |
| Arizona | $2.00 | 13 |
| Arkansas | $1.15 | 33 |
| California | $0.87 | 37 |
| Colorado | $0.84 | 38 |
| Connecticut | $3.90 | 2 |
| Delaware | $1.60 | 24 |
| Florida | $1.339 | 29 |
| Georgia | $0.37 | 49 |
| Hawaii | $3.20 | 5 |
| Idaho | $0.57 | 45 |
| Illinois | $1.98 | 18 |
| Indiana | $1.00 | 36 |
| Iowa | $1.36 | 28 |
| Kansas | $1.29 | 31 |
| Kentucky | $0.60 | 43 |
| Louisiana | $1.08 | 34 |
| Maine | $2.00 | 13 |
| Maryland | $2.00 | 13 |
| Massachusetts | $3.51 | 4 |
| Michigan | $2.00 | 13 |
| Minnesota | $3.00 | 8 |
| Mississippi | $0.68 | 39 |
| Missouri | $0.17 | 51 |
| Montana | $1.70 | 21 |
| Nebraska | $0.64 | 41 |
| Nevada | $1.80 | 19 |
| New Hampshire | $1.78 | 20 |
| New Jersey | $2.70 | 9 |
| New Mexico | $1.66 | 23 |
| New York | $4.35 | 1 |
| North Carolina | $0.45 | 47 |
| North Dakota | $0.44 | 48 |
| Ohio | $1.60 | 24 |
| Oklahoma | $1.03 | 35 |
| Oregon | $1.32 | 30 |
| Pennsylvania | $2.60 | 10 |
| Rhode Island | $3.75 | 3 |
| South Carolina | $0.57 | 45 |
| South Dakota | $1.53 | 26 |
| Tennessee | $0.62 | 42 |
| Texas | $1.41 | 27 |
| Utah | $1.70 | 21 |
| Vermont | $3.08 | 6 |
| Virginia | $0.30 | 50 |
| Washington | $3.025 | 7 |
| Washington, D.C. | $2.50 | 12 |
| West Virginia | $1.20 | 32 |
| Wisconsin | $2.52 | 11 |
| Wyoming | $0.60 | 43 |
This map is current as of September 18, 2016.
Yes on 56 - Save Lives California led the campaign in support of Proposition 56.[6]
Civic and environmental organizations
Education organizations and school districts
Child advocate organizations
Business associations
Unions
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Yes on 56’s “Save Lives” ad
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Supporters made the following arguments in support of Proposition 56:[3]
Yes on 56, the organization that led the fight in support of Proposition 56, focused on three points:[6]
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JoAnna Morales, former chair of the Board of the American Cancer Society in California, Tami Titteletiz, leadership board member of the American Lung Association in California, and David Lee, president of the American Heat Association Western States Affiliate, wrote the official argument in support of Proposition 56 found in the state voters guide. Their argument was as follows:[3]
The American Cancer Society Cancer Action Network, American Lung Association in California and American Heart Association are sponsoring Prop 56 because taxing tobacco saves lives by getting people to quit or never start smoking. Get the facts at YesOn56.org. VOTE YES ON PROP 56 TO KEEP KIDS FROM SMOKING AND REDUCE TOBACCO-
RELATED HEALTHCARE COSTS Tobacco remains a DEADLY, COSTLY product that hurts all Californians — even those who
don't smoke.
At the same time, Big Tobacco has made billions in profits off California and is still trying to hook future generations into a lifetime of addiction. They know Prop 56 will prevent youth smoking. That's why they'll spend millions of dollars to defeat Prop 56: to protect their profits at our expense. PROP 56 WORKS LIKE A USER FEE, TAXING TOBACCO TO HELP PAY FOR TOBACCO-RELATED HEALTHCARE COSTS Prop 56 increases the tax on cigarettes and other tobacco products, including electronic
cigarettes. The only people who will pay are those who use tobacco products, and that money will fund already existing programs to prevent smoking, improve healthcare and research cures for cancer and tobacco-related diseases. PROP 56 IS ABOUT FAIRNESS — IF YOU DON'T USE TOBACCO, YOU DON'T PAY California taxpayers spend $3.58 BILLION every year — $413 per family whether they smoke or not — paying medical costs of smokers. Prop 56 is a simple matter of fairness — it works like a user fee on tobacco products to reduce smoking and ensure smokers help pay for healthcare costs. PROP 56 HELPS PREVENT YOUTH SMOKING Increasing tobacco taxes reduces youth smoking according to the US Surgeon General. Yet California has one of the lowest tobacco taxes nationwide. This year alone, an estimated 16,800 California youth will start smoking, one-third of whom will die from tobacco-related diseases. In every state that has significantly raised cigarette taxes smoking rates have gone down. Prop 56 is so important because it helps prevent youth from becoming lifelong addicts and will save lives for future generations. PROP 56 FIGHTS BIG TOBACCO'S LASTEST SCHEME TO TARGET KIDS Electronic cigarettes are Big Tobacco's latest effort to get kids hooked on nicotine. They know that 90% of smokers start as teens. Teens that use e-cigarettes are twice as likely to start smoking traditional cigarettes, That's why every major tobacco corporation now owns at least one e-cigarette brand, Some e-cigarettes even target children with predatory themes like Barbie, Minions and Tinker Bell, and flavors like cotton candy and bubble gum. Prop 56 taxes e-cigarettes just like tobacco products, preventing our kids from getting hooked
on this addictive, costly, deadly habit. PROP 56 INCLUDES TOUGH TRANSPARENCY AND ACCOUNTABILITY MEASURES Prop 56 has built-in safeguards, including independent audits and strict caps on overhead spending and administrative costs, And Prop 56 explicitly prohibits politicians from diverting funds for their own agendas. SAVE LIVES. VOTE YES ON 56. |
The following video advertisements were produced by Yes on 56:[14]
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No on 56 - Stop the Special Interest Tax Grab led the campaign in opposition to Proposition 56.[15]
No on 56's “Stop the Special Interest Tax Grab.”
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Opponents made the following arguments in opposition to Proposition 56:[3]
No on 56, the group leading the fight against Proposition 56, made the following arguments against the measure:[15]
| “ | Prop 56 is a $1.4 billion “tax hike grab” by insurance companies and other wealthy special interests to dramatically increase their profits by shortchanging schools and ignoring other pressing problems.
1. Prop. 56 cheats schools out of at least $600 million per year. 2. Prop. 56 doesn’t solve problems facing California families. 3. Prop. 56 fattens insurance company profits. 4. Prop. 56 spends up to $147 million per year on overhead and bureaucracy.[5] |
” |
Tom Bogetich, former executive director of the California State Board of Education, Arnold M. Zeiderman, former director of maternal health and family planning at the Los Angeles County Department of Health, and Tom Dominguez, president of the Association of Orange County Deputy Sheriffs, wrote the official argument against Proposition 56 found in the state voters guide. Their argument was as follows:[3]
WE ALL WANT TO HELP THOSE WHO WANT TO STOP SMOKING, BUT PROP. 56 IS NOT WHAT IT APPEARS TO BE. Prop. 56 is a $1.4 billion "tax hike grab" by insurance companies and other wealthy special interests to dramatically increase their profits by shortchanging schools and ignoring other pressing problems. Prop. 56 allocates just 13% of new tobacco tax money to treat smokers or stop kids from starting. If we are going to tax smokers another $1.6 billion per year, more should be dedicated to treating them and keeping kids from starting. Instead, most of the $1.6 billion in new taxes goes to health insurance companies and other wealthy special interests, instead of where it is needed. PROP. 56 CHEATS SCHOOLS OUT OF AT LEAST $600 MILLION PER YEAR. California's Constitution (through Proposition 98), requires that schools get at least 43% of any new tax increase. Prop. 56 was purposely written to undermine our Constitution's minimum school funding guarantee, allowing special interests to deceptively divert at least $600 million a year from schools to health insurance companies and other wealthy special interests. Not one penny of the new tax money will go to improve our kids' schools. PROP. 56 DOESN'T SOLVE PROBLEMS FACING CALIFORNIA FAMILIES. We have many pressing problems in California, like fully funding our schools, repairing roads, solving the drought and fighting violent crime. If we are going to raise taxes, we should be spending this new tax revenue on these problems. PROP. 56 FATTENS INSURANCE COMPANY PROFITS. In another deception, health insurance companies and wealthy special interests wrote Prop. 56 and are spending millions to pass it so that they can get paid as much as $1 billion more for treating the very same Medi-Cal patients they already treat today. They are not required to accept more Medi-Cal patients to get this money. Instead of treating more patients, insurance companies can increase their bottom line and more richly reward their CEOs and senior executives. In fact, the Prop. 56 spending formula gives insurance companies and other health care providers 82% of this new tax. PROP. 56 SPENDS OVER $147 MILLION PER YEAR ON OVERHEAD AND BUREAUCRACY. This $147 million can be spent each year with virtually no accountability to taxpayers. This could lead to massive waste, fraud, and abuse. In fact, Prop. 56 spends nearly as much money on administration and overhead as it does on tobacco prevention efforts! NO ON PROP. 56 NO to wealthy special interests using our initiative process just to increase their profits. NO to cheating schools out of at least $600 million per year. NO to millions of new tax dollars going to overhead and administration with the potential for waste, fraud, and abuse. NO to rewarding health insurance companies and wealthy special interests with even bigger profits, instead of solving real problems like roads, violent crime and fully funding our schools. PLEASE READ IT FOR YOURSELF AND FOLLOW THE PROP. 56 MONEY AT: www.noonproposition56.com |
The following video advertisements were produced by No on Prop 56:[22]
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Five committees registered to support Proposition 56. Together they reported over $34.5 million in contributions. Three committees registered to oppose Proposition 56. Together they reported over $70.9 million in contributions.[23]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $33,128,370.92 | $1,379,416.29 | $34,507,787.21 | $34,893,669.40 | $36,273,085.69 |
| Oppose | $69,231,144.00 | $1,747,201.45 | $70,978,345.45 | $68,801,508.21 | $70,548,709.66 |
| Total | $102,359,514.92 | $3,126,617.74 | $105,486,132.66 | $103,695,177.61 | $106,821,795.35 |
The following table includes contribution and expenditure totals for the committees in support of the ballot measure.[23]
| Committees in support of Proposition 56 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Yes on 56 - Saves Lives California, a coalition of Doctors, Dentists, Health Plans, Labor, Hospitals and Non-profit Health Advocate Organizations | $30,270,078.10 | $1,337,862.37 | $31,607,940.47 | $29,488,167.40 | $30,826,029.77 |
| Million Voter Project Action Fund - Yes on 55, 56, 57, 58, 62, and No on 66 | $2,080,964.45 | $0.00 | $2,080,964.45 | $2,080,964.45 | $2,080,964.45 |
| Million Voter Project Action Fund - Yes on 55 and 57 | $426,035.55 | $0.00 | $426,035.55 | $2,971,957.38 | $2,971,957.38 |
| California Kids Campaign, Yes on Props 55 & 56 | $295,000.00 | $0.00 | $295,000.00 | $268,333.93 | $268,333.93 |
| Fight Cancer - Yes on 56 | $56,292.82 | $41,553.92 | $97,846.74 | $84,246.24 | $125,800.16 |
| Total | $33,128,370.92 | $1,379,416.29 | $34,507,787.21 | $34,893,669.40 | $36,273,085.69 |
The following table shows the top donors to the committee registered in support of the ballot measure.[23]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Tom Steyer | $10,300,000.00 | $0.00 | $10,300,000.00 |
| California Hospitals Committee on Issues | $10,000,000.00 | $0.00 | $10,000,000.00 |
| California State Council of Service Employees Issues Committee | $2,000,000.00 | $99,895.50 | $2,099,895.50 |
| Tom Steyer | $1,750,000.00 | $0.00 | $1,750,000.00 |
| California Dental Association | $1,000,000.00 | $10,655.05 | $1,010,655.05 |
The following table includes contribution and expenditure totals for the committees in opposition to the ballot measure.[23]
| Committees in opposition to Proposition 56 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| No on 56 - Stop the Special Interest Tax Grab | $69,195,500.00 | $1,747,201.45 | $70,942,701.45 | $68,765,864.21 | $70,513,065.66 |
| California Citizens Against Special Interests and Wasteful Taxes, No on Prop. 56 | $32,050.00 | $0.00 | $32,050.00 | $32,050.00 | $32,050.00 |
| Protect Small Business and Smoke Free Alternatives, No on 56 | $3,594.00 | $0.00 | $3,594.00 | $3,594.00 | $3,594.00 |
| Total | $69,231,144.00 | $1,747,201.45 | $70,978,345.45 | $68,801,508.21 | $70,548,709.66 |
The following table shows the top donors to the committee registered in opposition to the ballot measure.[23]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| Philip Morris USA Inc. | $42,777,900.00 | $1,292,048.63 | $44,069,948.63 |
| R.J. Reynolds | $24,767,100.00 | $115,262.73 | $24,882,362.73 |
| Fontem Ventures USA, Inc. | $1,500,250.00 | $0.00 | $1,500,250.00 |
| McLane Company, Inc. | $100,000.00 | $700.00 | $100,700.00 |
| Core-Mark International, Inc. | $50,000.00 | $9,307.09 | $59,307.09 |
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
| “ | Nobody blows smoke in the face of voters better than the tobacco industry. …
The ads are insidious. They tug at parents’ heartstrings, claiming the proposition takes money away from schools — a flat-out lie — and gives it to greedy insurance companies. In fact it goes to pay doctors to treat poor people who are newly-insured under Covered California. … But the tobacco industry’s despicable campaign is working. Bankrolled mainly by R.J. Reynolds and Philip Morris, the No on Prop. 56 campaign has spent more than $50 million to blanket the airwaves with scurrilous ads.[5] |
” |
Polls with margins of error
| California Proposition 56 (2016) | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
| Public Policy Institute of California 10/14/2016 - 10/23/2016 | 56.0% | 38.0% | 6.0% | +/-4.3 | 1,016 | ||||||||||||||
| SurveyUSA 10/13/2016 - 10/15/2016 | 57.0% | 35.0% | 7.0% | +/-3.7 | 752 | ||||||||||||||
| CALSPEAKS 10/7/2016 - 10/13/2016 | 62.0% | 26.0% | 12.0% | +/-7.0 | 622 | ||||||||||||||
| Public Policy Institute of California 9/9/2016 - 9/18/2016 | 59.0% | 36.0% | 5.0% | +/-3.5 | 1,702 | ||||||||||||||
| SurveyUSA 9/8/2016 - 9/11/2016 | 60.0% | 33.0% | 7.0% | +/-3.7 | 712 | ||||||||||||||
| USC Dornsife/Los Angeles Times 9/1/2016 - 9/8/2016 | 63.0% | 32.0% | 6.0% | +/-3.0 | 1,912 | ||||||||||||||
| AVERAGES | 59.5% | 33.33% | 7.17% | +/-4.2 | 1,119.33 | ||||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. | |||||||||||||||||||
Polls without margins of error
| California Proposition 56 (2016) | |||||||||||||||||||
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| Poll | Support | Oppose | Undecided | Sample size | |||||||||||||||
| The Field Poll/IGS Poll 10/25/2016 - 10/31/2016 | 55.0% | 43.0% | 2.0% | 1,498 | |||||||||||||||
| The Field Poll/IGS Poll 9/7/2016 - 9/13/2016 | 53.0% | 40.0% | 7.0% | 943 | |||||||||||||||
| AVERAGES | 54% | 41.5% | 4.5% | 1,220.5 | |||||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. | |||||||||||||||||||
Cost of signature collection:
Sponsors of the measure hired Boven Consulting, Kimball Petition Management, Inc., Bridge Street, Inc. and Million Voter Project Action Fund to collect signatures for the petition to qualify this measure for the ballot. A total of $4,524,176.13 was spent to collect the 585,407 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $7.73.
| Demographic data for California | ||
|---|---|---|
| California | U.S. | |
| Total population: | 38,993,940 | 316,515,021 |
| Land area (sq mi): | 155,779 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 61.8% | 73.6% |
| Black/African American: | 5.9% | 12.6% |
| Asian: | 13.7% | 5.1% |
| Native American: | 0.7% | 0.8% |
| Pacific Islander: | 0.4% | 0.2% |
| Two or more: | 4.5% | 3% |
| Hispanic/Latino: | 38.4% | 17.1% |
| Education | ||
| High school graduation rate: | 81.8% | 86.7% |
| College graduation rate: | 31.4% | 29.8% |
| Income | ||
| Median household income: | $61,818 | $53,889 |
| Persons below poverty level: | 18.2% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in California. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
California voted for the Democratic candidate in all seven presidential elections between 2000 and 2024.
More California coverage on Ballotpedia
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| Tobacco measures on the ballot in 2016 | |
|---|---|
| State | Measures |
| Missouri | Missouri 60 Cent Cigarette Tax, Constitutional Amendment 3 |
| Colorado | Colorado Tobacco Tax Increase, Amendment 72 |
| Missouri | Missouri 23 Cent Cigarette Tax, Proposition A |
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