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June 14, 2019

By Ballot Measures Project staff

This edition of the State Ballot Measure Monthly covers certifications and notable ballot measure news from May 16 through June 14. In that time, a total of 22 statewide ballot measures were certified to appear before voters—12 to be voted on this year and 10 in 2020. This brought to the current 2019 total to 19 certified statewide ballot measures and the current 2020 total to 36 statewide measures.

Number of certifications in past years:[edit]

Odd-numbered years[edit]

• 2017: By the second Tuesday in June, 16 measures had been certified for the 2017 ballot.
  • Ultimately, 27 statewide measures were on the ballot in 2017.
• 2015: By the second Tuesday in June, 15 measures had been certified for the 2015 ballot.
  • Ultimately, 28 statewide measures were on the ballot in 2015.
• 2013: By the second Tuesday in June, 15 measures had been certified for the 2013 ballot.
  • Ultimately, 31 statewide measures were on the ballot in 2013.
• 2011: By the second Tuesday in June, 19 measures had been certified for the 2011 ballot.
  • Ultimately, 34 statewide measures were on the ballot in 2011.

The graph below shows the number of certifications in each week of 2011, 2013, 2015, and 2017, as well as the average for each week. The graph also shows 2019 certifications and will be updated each week on Ballotpedia's Tuesday Count page until ballots are finalized for all states.

Even-numbered years[edit]

• At this point in the year from 2012 through 2018 election cycles, an average of 36 measures were certified for the next even-numbered year. From 2012 through 2018, an average of 169 measures were ultimately certified to appear on the general election ballot.

2019 certifications[edit]

See also: Ballotpedia's Tuesday Count for 2019 and Ballot measure petition deadlines and requirements, 2019

From May 16 to June 14 the following measures were certified for 2019 ballots:

May 19:

• Texas Increase Distributions to School Fund Amendment (2019) - This amendment would increase the amount of revenue from $300 million to $600 million that the land board is permitted to transfer from the permanent fund to the available school fund each year. The Texas Available School Fund (ASF) is a fund that provides state revenue for school districts and charter schools on a per-student basis. The Texas State Legislature approved the amendment 139-4 in the House on April 24 and unanimously in the Senate on May 19.

• Texas Proposition 1, Allowed to Serve as Multiple Municipal Judges Amendment (2019) - This amendment would allow persons to hold more than one office as an appointed or elected municipal judge in more than one municipality at the same time. Currently, a person can hold more than one office as an appointed, but not an elected, municipal judge in more than one municipality at the same time. The Texas State Legislature approved the amendment unanimously.

May 20:

• Texas Proposition 4, Prohibit State Income Tax on Individuals Amendment (2019) - This amendment would prohibit the state from levying an income tax on individuals. Texas does not have an income tax. Currently, the Texas State Constitution requires the state legislature to put any legislation enacting an income tax before voters as a statewide referendum. Referring the currently required referendum to voters requires a simple majority vote (50%+1) in each legislative chamber. This 2019 amendment would replace the referendum requirement with a ban on enacting an income tax on individuals. Removing the ban in the future would require a constitutional amendment, which requires a two-thirds vote in each legislative chamber and voter approval.

The Texas State Legislature placed the constitutional amendment on the ballot in one of the narrowest votes of the past 25 years. In Texas, a two-thirds vote is required to place a constitutional amendment on the ballot, which is equal to 100 votes in the state House and 21 votes in the state Senate, assuming no vacancies. The constitutional amendment received 100 in the state House and 22 votes in the state Senate, tying with Proposition 1 (2005), Proposition 2 (2005), and Proposition 12 (2003) for having the narrowest margin of approval in the legislature since at least 1995. Most voting Democrats in the legislature (69%) opposed the 2019 constitutional amendment. All of the voting Republican legislators and 23 of 74 voting Democrats (31%) supported the constitutional amendment.

• Texas Proposition 9, Precious Metals in Depositories Exempt from Property Tax Amendment (2019) - This amendment would allow the legislature to exempt precious metals held in precious metal depositories from property taxation. The Texas State Legislature approved it 140-5 in the House on April 30 and 27-4 in the Senate on May 20.

May 21:

• Texas Proposition 5, Sales Tax on Sporting Goods Dedicated to Parks, Wildlife, and Historical Agencies Amendment (2019) - This amendment would dedicate revenue from the sales tax on sporting goods to the Texas Parks and Wildlife Department and the Texas Historical Commission. Currently, the legislature decides how much of the revenue from the sales tax on sporting goods is allocated to the state Parks and Wildlife Department and the state Historical Commission. The Texas State Legislature approved this amendment 143-1 in the House on April 23 and 30-1 in the Senate on May 21.

May 22:

• Texas Proposition 8, Flood Infrastructure Fund Amendment (2019) - This amendment would create the flood infrastructure fund. The Texas Water Development Board would use the fund to provide financing for flood drainage, mitigation, and control projects. The Texas State Legislature approved the amendment unanimously.

May 25:

• Texas Water Development Board Bonds Amendment (2019) - This amendment would allow the Texas Water Development Board to issue bonds on a continuing basis, but not exceeding $200 million in total principal at any time. The bond revenue would be used for water supply, sewer service, and drainage projects in areas defined as economically distressed. The Texas State Legislature approved it 114-27 in the House on May 21 and 22-8 in the Senate on May 25.

May 26:

• Texas Proposition 3, Temporary Property Tax Exemption for Disaster Areas Amendment (2019) - This amendment would allow political subdivisions to provide temporary property tax exemptions in areas that the governor declared as disaster areas. Currently, the constitution allows property reappraisals following disasters but not tax exemptions. Both chambers of the Texas State Legislature approved it on May 26. The Senate vote was unanimous. The House approved it 144-1.

June 2:

• Louisiana Amendment 4, New Orleans Affordable Housing Property Tax Exemption Amendment (October 2019) - This amendment would allow New Orleans to exempt properties with no more than 15 residential units from taxes. According to the amendment, the purpose of the exemption would be to promote and encourage affordable housing. The Louisiana State Legislature approved the amendment 28-9 in the Senate on May 7 and 92-2 in the House on June 2. It will be on the October 2019 ballot.

• Louisiana Amendment 1, Property Tax Exemption for Stored Materials Routed for Outer Continental Shelf Amendment (October 2019) - This amendment would extend an ad valorem tax exemption to property being stored in Louisiana but destined for the Outer Continental Shelf. Currently, a tax exemption exists for property in transit to another state or for export outside of the U.S. The Louisiana State Legislature approved the amendment unanimously in the Senate on May 30 and 91-4 in the House on June 2. It will be on the October 2019 ballot.

June 3:

• Louisiana Amendment 3, Board of Tax Appeals Jurisdiction Amendment (October 2019) - This amendment would allow the legislature through a two-thirds vote to give the Louisiana Board of Tax Appeals jurisdiction over the constitutionality of taxes, fees, and related matters. It would also dictate prompt recovery by taxpayers of any unconstitutional tax paid. The Louisiana State Legislature approved the amendment 35-2 in the Senate on June 1 and unanimously in the House on June 3. It will be on the October 2019 ballot.

June 5:

• Louisiana Amendment 2, Education Excellence Fund Uses Amendment (October 2019) - This amendment would allow for appropriations from the Education Excellence Fund (EEF) to the Louisiana Educational Television Authority (LRTA), Thrive Academy, and laboratory schools operated by public colleges. The Louisiana State Legislature approved the amendment unanimously. It will be on the October 2019 ballot.

2020 certifications[edit]

See also: Ballotpedia's Tuesday Count for 2020 and Ballot measure petition deadlines and requirements, 2020

The Illinois, Louisiana, and Missouri legislatures referred one amendment each to November 2020 ballots. The Alabama State Legislature approved four amendments, which will go before voters in November 2020 unless the legislature adds them to the March 2020 primary ballot. The 2019 Nevada State Legislature approved three amendments previously approved by the 2017 legislature, thereby referring them to the November 2020 ballot. In Nevada, approval in two successive legislative sessions is required for legislatively referred constitutional amendments.

From May 16 to June 14 the following measures were certified for 2020 ballots:

May 17:

• Missouri State Executive Term Limits Amendment (2020) - This amendment would limit the lieutenant governor, secretary of state, state auditor, and attorney general, along with the governor and state treasurer, to two terms of office. Currently, there is a two-term limit on the governor and state treasurer but not other state executive offices. The Missouri State Legislature approved the amendment 31-3 in the Senate on April 16 and 114-32 in the House on May 17.

May 23:

• Nevada Question 2, Marriage Regardless of Gender Amendment (2020) - This amendment would change the constitution to recognize marriage as between couples regardless of gender. It would also state that religious organizations and clergy have the right to refuse to solemnize a marriage. The amendment would repeal Question 2 of 2002, which defined marriage as between a male person and a female person. The 2017 Nevada State Legislature approved this amendment 27-14 in the Assembly and 19-2 in the Senate. The 2019 Nevada State Legislature approved it 37-2 in the House on March 29 and 19-2 in the Senate on May 23. It will be on the November 2020 ballot.

The ballot measure would have no practical effect on which couples could receive marriage licenses due to the U.S. Supreme Court's ruling in Obergefell v. Hodges (2015), which rendered laws defining marriage as between one man and one woman unconstitutional. Nevada is the first state to ask voters to repeal a constitutional amendment prohibiting same-sex marriage and/or defining marriage as between one man and one woman. Nevada is one of 30 states with this type of constitutional provision.

• Alabama Amendment 4, Authorize Legislature to Recompile the State Constitution Measure (2020) - This amendment would authorize the state legislature to recompile the Alabama Constitution during the 2022 regular state legislative session. It would also authorize the legislature to provide for voter ratification of the recompiled constitution at a statewide election. The Alabama State Legislature approved the amendment unanimously.

Alabama has had six constitutions, the first of which was adopted in 1819. Other constitutions include those from the years 1861, 1865, 1868, and 1875. The current constitution was adopted in 1901. The average length of a state constitution is 26,000 words (compared to about 4,500 words for the U.S. Constitution). Alabama’s constitution is the longest in the country, with 172,000 words.

May 24:

• Nevada State Constitutional Rights of Voters Amendment (2020) - This amendment would provide voters with a constitutional right to certain voting procedures. In the 2017 legislative session, the Senate unanimously approved the amendment, and the Assembly approved it 38-3. In the 2019 session, the Assembly and Senate both voted unanimously to approve the amendment.

May 27:

• Illinois Allow for Graduated Income Tax Amendment (2020) - This amendment would repeal the state's constitutional requirement that the state personal income tax have a flat rate. It would allow the state to establish a graduated income tax. The Illinois State Legislature approved the amendment along partisan lines with Democrats in favor and Republicans opposed. The Senate approved it 40-19 on May 1, and the House approved it 73-44 on May 27.

May 28:

• Nevada Question 3, State Board of Pardons Commissioners Amendment (2020) - This amendment would require the State Board of Pardons Commissioners (SBPC) to meet four times per year; allow any board member to submit an issue for the board's consideration; and provide that a majority of board members is sufficient to issue a pardon, regardless of which members were part of the majority. Currently, there is no requirement for how often the board must meet, and the board must approve pardons with a majority that includes the governor. The 2017 Nevada State Legislature approved the amendment unanimously in the Senate and 33-8 in the Assembly. The 2019 Nevada State Legislature approved the amendment unanimously in the Senate on March 19 and 37-2 in the Assembly on May 28.

May 30:

• Alabama Amendment 1, Citizenship Requirement for Voting Measure (2020) - This amendment would change the state constitution to say that “only a citizen” of the U.S. can vote in Alabama. Currently, the state constitution says that “every citizen” of the U.S. can vote in Alabama. The Alabama State Legislature approved the amendment unanimously.

May 31:

• Alabama Changes to State Board of Education Amendment (March 2020) - This amendment would rename the State Board of Education as the Alabama Commission on Elementary and Secondary Education. It would also require members to be appointed by the governor and confirmed by the Senate rather than being elected. The Alabama State Legislature approved the amendment unanimously in the Senate on May 16 and 78-12 in the House on May 31.

• Alabama Amendment 3, Judicial Vacancies Measure (2020) - This amendment would apply to the term length for judges other than probate judges that are appointed to fill a vacancy. It would say that a judge appointed to fill a vacancy serves until a replacement is elected at the next general election following at least two years after the appointment. Currently, a judge appointed to fill a vacancy serves at least one year or the remainder of the vacant term before a replacement is elected at the next general election. Judges filling a vacancy can run for election for the following term. The Alabama State Legislature approved the amendment unanimously in the House on May 23 and 27-4 in the Senate on May 31.

June 5:

• Louisiana Amendment 1, No Right to Abortion in Constitution Amendment (2020) - This amendment would say in state constitution that "nothing in this constitution shall be construed to secure or protect a right to abortion or require the funding of abortion." After some back and forth over changes to the intent and purpose section of the bill proposing the constitutional amendment, both chambers of the Louisiana State Legislature approved it by the required two-thirds supermajority on June 5, 2019. The state House approved the amendment 78-21. A total of 70 votes was required to meet the supermajority requirement of two-thirds of all members. All 59 voting Republicans approved the measure. Voting Democrats were split, with 16 in favor and 20 against. Three independent representatives were in favor, and one was opposed. The state Senate approved the amendment 33-5. A total of 26 votes was required in the Senate. All 25 Republicans approved it. Voting Democrats were split 8-5 in favor of the measure. The final version of the bill also changed the election date from October 2019 to November 2020 upon the request of the amendment's sponsor Rep. Katrina Jackson (D-16). Rep. Jackson said she wanted the election date changed because "I think it'll [the amendment] help the pro-life Democrats, but at the same time it may hurt other Democrats. I think it'll help my election but it's not all about me." Louisiana holds regular state legislative elections during odd-numbered years.^[1]

Arizona, Florida, and Maine legislatures pass initiative process restrictions[edit]

See also: Changes in 2019 to laws governing ballot measures

• Arizona Senate Bill 1451: This bill requires non-resident circulators to register with the secretary of state and include their full name, address, phone number, and email address. Non-resident circulators were already required to register. The bill also requires a notarized affidavit from registered circulators concerning eligibility and knowledge of election laws and prohibits registration as a circulator by anyone who violated certain elections laws, was convicted of a felony and had not had civil rights restored, or was convicted of fraud or forgery. SB 1451 also contains other provisions including, a requirement that signature petition sheets not organized and formatted according to state laws be rejected during signature verification and that petitioners to be assigned a registration number by the secretary of state before collecting signatures. The Arizona State Legislature approved the final version of the bill on May 24 in a vote of 16-10 in the Senate and 31-29 in the House. Gov. Doug Ducey (R) signed it into law on June 7. Arizona has a Republican state government trifecta.^[2]

• Florida House Bill 5: This bill bans paying petitioners based on the number of signatures collected, which is called pay-per-signature. It also requires paid petition circulators to register with the secretary of state and provide information such as their name, address, date of birth, and a circulator affidavit. HB 5 also requires ballot language for a statewide initiative to contain an estimate of the impact on the state and local economy and the overall impact to the state budget. These provisions and others related to statewide initiatives were added through amendment to the bill's only initial provision requiring a two-thirds (66.67%) supermajority vote at a general election to approve local discretionary sales taxes. The initial provision also remained in the final version. The Florida State Legislature approved the final version of the bill on May 3. The state Senate voted 22-17, and the state House voted 67-43. Gov. Ron DeSantis (R) signed the bill into law on June 10. Florida has a Republican state government trifecta.^[3]
  • Concerning House Bill 5, the Florida Chamber of Commerce tweeted, “Thank you to the Florida Legislature for protecting Florida’s Constitution from out-of-state special interests and returning the process back to Florida citizens.”^[4]
  • Attorney Glenn Burhans, the chair of a committee backing a Florida initiative concerning the primary election system, said, “It [House Bill 5] weakens the people’s inherent rights to amend organic law in the Constitution. That’s a fundamental constitutional right that the Legislature is essentially eviscerating.”^[4]

• Maine Legislative Document 499: This bill prohibits paying signatures gatherers according to the number of signatures gathered, which is called pay-per-signature. It also would require circulators to file an affidavit with state officials. The affidavit would have to contain certain information about the circulator, a statement that the circulator has read and understood the state's initiative process, and a statement that the circulator is a registered voter in the state at the time of circulating the petition. The Maine State Legislature approved the final version of LD 499 on June 11. It was sent to the desk of Gov. Janet T. Mills (D). Maine has a Democratic state government trifecta.^[5]

Arizona, Florida, and Maine all featured notable citizen-initiated measures in 2016, 2017, and 2018.

Arizona initiatives and referendums (2016-2018):

• Arizona Marijuana Legalization, Proposition 205 (2016) d
• Arizona Minimum Wage and Paid Time Off, Proposition 206 (2016) a
• Arizona Proposition 126, Prohibit New or Increased Taxes on Services Initiative (2018) a
• Arizona Proposition 127, Renewable Energy Standards Initiative (2018) d
• Arizona Proposition 305, Expansion of Empowerment Scholarship Accounts Referendum (2018) d

Florida initiatives (2016-2018):

• Florida Amendment 3, Voter Approval of Casino Gambling Initiative (2018) a
• Florida Amendment 4, Voting Rights Restoration for Felons Initiative (2018) a
• Florida Solar Energy Subsidies and Personal Solar Use, Amendment 1 (2016) d
• Florida Medical Marijuana Legalization, Amendment 2 (2016) a

Maine initiatives and referendums (2016-2018):

• Maine Question 1, Payroll and Non-Wage Income Taxes for Home Care Program Initiative (2018) d
• Maine Question 1, Ranked-Choice Voting Delayed Enactment and Automatic Repeal Referendum (June 2018) a
• Maine Question 1, Casino or Slot Machines in York County Initiative (2017) d
• Maine Question 2, Medicaid Expansion Initiative (2017) a
• Maine Marijuana Legalization, Question 1 (2016) a
• Maine Tax on Incomes Exceeding $200,000 for Public Education, Question 2 (2016) a
• Maine Background Checks for Gun Sales, Question 3 (2016) d
• Maine Minimum Wage Increase, Question 4 (2016) a
• Maine Question 5, Ranked-Choice Voting Initiative (2016) a

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]