February 2019

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February 15, 2019

By Ballot Measures Project staff

This second 2019 edition of the State Ballot Measure Monthly covers certifications and notable ballot measure news from January 16, 2019, through February 15, 2019.

Number of certifications in past years:

• 2017: By the second Tuesday of February, five measures had been certified for the 2017 ballot.
  • Ultimately, 27 statewide measures were put on the ballot in 2017.
• 2015: By the second Tuesday of February, five measures had been certified for the 2015 ballot.
  • Ultimately, 28 statewide measures were put on the ballot in 2015.
• 2013: By the second Tuesday of February, zero measures had been certified for the 2013 ballot.
  • Ultimately, 31 statewide measures were put on the ballot in 2013.
• 2011: By the second Tuesday of February, five measures had been certified for the 2011 ballot.
  • Ultimately, 34 statewide measures were put on the ballot in 2011.

• Even-numbered years: The average number of measures certified for the next even-year election cycle by this point from 2012 through 2018 was five. The average total number of statewide measures ultimately certified for even-numbered years from 2012 through 2018 was 169.

Legislative alteration of 2018 initiatives[edit]

See also: Legislative alteration

In the last month, legislators in Washington and Utah approved changes to citizen initiatives approved in 2018. Since 2017, Ballotpedia has tracked 11 citizen initiatives that have been either repealed or amended by lawmakers in six states and the District of Columbia.

• Utah Proposition 3, the Medicaid Expansion Initiative - Utah Proposition 3, the Medicaid Expansion Initiative, was on the ballot in Utah as an initiated state statute on November 6, 2018. It was approved by a vote of 53 percent to 47 percent. Proposition 3 expanded Medicaid coverage to include persons under the age of 65 with incomes equal to or below 138 percent of the federal poverty line according to traditional Medicaid expansion under the Affordable Care Act. It also increased the state's sales tax rate from 4.70 percent to 4.85 percent, with revenue allocated toward the state's portion of the cost of Medicaid expansion. On February 11, the legislature gave final approval to Senate Bill 96 to repeal and replace Proposition 3, and Governor Gary Herbert (R) signed it into law. Utah Sen. Allen Christensen (R) introduced Senate Bill 96. The bill passed in the Senate on February 4, 2019. The bill passed with amendments in the House on February 8, 2019. The Senate concurred with the House's amendments, and the governor signed the bill on February 11, 2019. All six Senate Democrats and all 16 House Democrats voted against the bill. One Republican senator, Todd Weiler of District 23, and three House Republicans—Craig Hall (33), Eric Hutchings (38), and Steven Eliason (45)—also voted against the bill. The remaining legislative Republicans voted in favor of SB 96.
  • Utah is one of 11 states that have no restrictions on how soon or with what majority the state legislature can repeal or amend citizen initiatives.

• Washington Initiative 940, the Police Training and Criminal Liability in Cases of Deadly Force Measure - House Bill 1064, amending Initiative 940, was introduced on December 17, 2018. It passed unanimously in the House on January 24 and unanimously in the Senate on January 30, 2019. It was signed into law by Governor Jay Inslee (D) on February 4, 2019. The bill was designed to amend I-940 as passed by voters in 2018. Specifically, the bill amends provisions relating to I-940's good faith standard for the use of deadly force. Under I-940, officers would have been required to show that they believed they were acting in good faith when they used deadly force, but the new language under HB 1064 uses a different test: whether another officer acting reasonably in the same circumstances would have believed deadly force was necessary. The bill was also designed to require the state to reimburse law enforcement officers for defense costs if charges against an officer are dismissed or if they are found not guilty of charges surrounding unjustified use of deadly force. The bill also modified provisions of I-940 regarding independent investigations of deadly force incidents, training requirements, and more. HB 1064 was the result of a compromise between supporters and opponents of I-940.
  • In Washington, a two-thirds (66.67 percent) supermajority vote in both chambers of the legislature is required for legislative alteration until two years have passed since the approval of a citizen initiative, after which a simple majority is required.

2019 certification updates[edit]

See also: Ballot initiatives filed for the 2019 ballot and Ballot measure petition deadlines and requirements, 2019

No statewide ballot measures were certified to appear on 2019 ballots in the last month, leaving the 2019 certification count at one. Two measures, however, were certified to the state legislature in Washington, which means enough signatures were submitted and verified to qualify the measures for the 2019 ballot if the legislature does not enact them before adjourning its 2019 legislative session.

• Washington Initiative 976, Limits on Motor Vehicle Taxes and Fees Measure (2019) - This initiative would (a) limit annual license fees for vehicles weighing under 10,000 pounds to $30, with the exception of voter-approved charges; (b) base vehicle taxes on the Kelley Blue Book value rather than the manufacturer's suggested retail price; (c) limit certain taxes and fees related to transportation; and (d) repeal authorization for certain regional transit authorities, such as Sound Transit, to impose motor vehicle excise taxes.

• Washington Initiative 1000, Affirmative Action and Diversity Commission Measure (2019) - This initiative would allow affirmative action without the use of quotas in the state of Washington. Washington Initiative 200, approved by voters in 1998, banned discrimination and preferential treatment based on certain characteristics, such as race, sex, and age. Initiative 1000 would explicitly allow the state of Washington to implement affirmative action laws and policies while continuing to ban discrimination and preferential treatment. It would also define preferential treatment and affirmative action so that banning one and allowing the other would be compatible. The measure was also designed to create a commission on diversity, equity, and inclusion and to add sexual orientation, disabilities, and veteran or military status to the list of characteristics for which discrimination and preferential treatment are banned.^[1][2]

2020 certifications[edit]

From January 16, 2019, to February 15, 2019, the following measure was certified for the 2020 ballot:

January 16, 2019:

• California Proposition 25, Replace Cash Bail with Risk Assessments Referendum (2020) - This veto referendum effort was launched by Californians Against the Reckless Bail Scheme in order to overturn Senate Bill 10, which was approved in 2018. SB 10 was designed to make California the first state to end the use of cash bail for all detained suspects awaiting trials. The legislation would replace the state's cash bail system with risk assessments to determine whether a detained suspect should be granted pretrial release and under what conditions. A "yes" vote is to uphold the contested legislation, SB 10. A "no" vote is to repeal SB 10 and keep in place the use of cash bail for detained suspects awaiting trials. As opponents of SB 10, the sponsors of the veto referendum petition effort are advocating for a "no" vote on this proposition.
  • On November 20, 2018, proponents filed 576,822 signatures with election officials. At least 365,880 (63.43 percent) needed to be valid for the referendum to appear on the ballot. On January 16, 2019, the office of Secretary of State Alex Padilla reported that an estimated 80.69 percent of the signatures were valid, putting the targeted law, SB 10, on hold until voters decide on the bill in 2020. Californians Against the Reckless Bail Scheme hired National Petition Management Inc. to collect signatures for the petition to qualify this measure for the ballot. A total of $2,778,434.11 was spent to collect the 365,880 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $7.59.

Context from past years[edit]

States that are likely to feature statewide measures in 2019

Four of the 26 states with a process for citizen-initiated measures allow for ballot initiatives or veto referendums on ballots for elections in any odd-numbered years: Colorado, Maine, Ohio, and Washington. Moreover, citizen-initiated measures could have gone on the Mississippi ballot because of the gubernatorial election in 2019, but no measures in Mississippi qualified to appear on the 2019 statewide ballot. Legislatively referred measures can also go on the ballot in these states in 2019.

Other states that frequently feature statewide measures referred to the ballot by the legislature in odd-numbered years include Louisiana, New Jersey, New York, and Texas.

See also[edit]

• 2019 ballot measures
• 2020 ballot measures
• List of ballot measures by state
• List of ballot measures by year
• Ballot initiatives filed for the 2019 ballot
• Ballot Measure Scorecard, 2019
• Ballot Measure Scorecard, 2020
• Ballotpedia's Tuesday Count for 2019
• Ballotpedia's Tuesday Count for 2020

Related articles[edit]

• The Tuesday Count

Footnotes[edit]