The Voter’s Speakeasy

On December 8th 2009, the Obama Administration set forth criteria that will govern its efforts at increasing transparency, participation and collaboration between executive agencies and the general public called the Open Government Directive. This directive is the culmination of President Obama’s Memorandum on Transparency and Open Government issued on January 21st, 2009. The directive consists of four broad objectives and associated implementation protocols for executive departments and agencies:

1. The publication of government information online in open and accessible formats, including proactive dissemination of information rather than reliance on Freedom of Information Act requests.
2. Improvement of the quality of available government information, including increased and clearer data on federal spending activities as related to each department.
3. Fostering a culture of open government. This includes planning for the integration of public participation and collaboration into departmental activities.
4. The creation of a hospitable policy framework for open government, including the identification of existing Office of Management and Budget (OMB) policies, which may impede the use of new technologies and draft changes to such policies.

Ellen Miller, president of the governmental transparency organization Sunlight Foundation, has lauded the Directive as an “unprecedented plan…that demonstrates the seriousness of the Administration’s commitment to data transparency and citizen engagement.” This is also in line with the continuing goals of Project Vote Smart. The availability of information on governmental spending and other activities in open and accessible formats is conducive to the maintenance of an informed citizenry, which is the bulwark of a high-functioning and secure democracy.

At the heart of Project Vote Smart’s activities is the goal of allowing voters the ability to utilize information about their particular candidates for public office in much the same way that an employer evaluates a prospective employee. Successful implementation of the Obama Administration’s Open Government Directive may increase voter’s ability to evaluate how the Administration’s spending and other activities comport with their own individual priorities thus increasing the ability of citizens to “self-govern.”

-Brandon Copeland, Membership Associate

Results of 2009 Spending/Tax/Bonds Ballot Measures:

Maine

Question 4, An Act to Provide Tax Relief, failed on November 3rd, only receiving 39.8% of Yes votes. This bill would have imposed expenditure limitations on state and local government while requiring voter approval of certain state tax increases. For a complete reading of the ballot measure, click here.

Question 6 – Bond Issue passed on November 3rd. This Act authorizes the State to issue bonds in an amount not to exceed $71,250,000 to raise funds for a variety of projects, as described below. The bonds will run for a period not longer than 10 years from the date of issue and will be backed by the full faith and credit of the State. Fifty million dollars ($50,000,000) of the bond proceeds will be placed in the Highway Fund and the remainder would be in the General Fund. A breakdown of how the money will be spent is as follows:

The Department of Transportation will expend $69,750,000 of the bond proceeds for the following types of projects:

• $55,000,000 for highway and bridge improvement projects statewide
• $5,750,000 for improvements to the ports at Eastport and Searsport
• $4,000,000 for improvements to state-owned rail lines and investments in the Industrial Rail Access Program and the Critical Rail Corridors Program
• $2,000,000 for improvements to publicly owned airports
• $1,000,000 for ferry facilities
• $1,000,000 for the LifeFlight Foundation, a non-profit foundation that supports a statewide medical helicopter service used to transport critically ill and injured patients to hospitals
• $400,000 to continue development of the Acadia Gateway Intermodal Center in Trenton
• $400,000 for improvements to island airports
• $200,000 for upgrades to the Augusta airport

The Department of Economic and Community Development will expend the remaining $1,500,000 of the proceeds of sale of the bonds to rebuild a bulkhead and wharf at the Gulf of Maine Research Institute in Portland.

New Jersey

The Public Question on the 2009 New Jersey Ballot was passed on November 3rd, also known as the Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009, if you don’t prefer brevity. The measure authorizes the State to issue bonds in the amount of $400 million to provide moneys for (1) the acquisition and development of lands for recreation and conservation purposes, including lands that protect water supplies, (2) the preservation of farmland for agricultural or horticultural use and production, (3) the acquisition, for recreation and conservation purposes, of properties that are prone to or have incurred flood or storm damage, and (4) funding historic preservation projects; and providing the ways and means to pay the interest on the debt and also to pay and discharge the principal thereof, with full public disclosure of all spending.

The initiative also funds park improvements and facilities. Of the total sum authorized: (1) $218 million will be used for Green Acres; (2) $146 million will be used for farmland preservation purposes; (3) $24 million will be used for the “Blue Acres” program by which the State may purchase from willing sellers, for open space preservation purposes, properties that are prone to or have incurred flood or storm damage; and (4) $12 million will be used for historic preservation purposes. All spending of the authorized bond proceeds will be subject to full public disclosure.

Ohio

Issue 1 passed in Ohio on November 3rd. This proposed amendment authorizes the state to issue up to $200,000,000 of bonds to provide compensation to Ohio veterans of the Persian Gulf, Afghanistan, and Iraq conflicts, and to pay for the administration of the Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Bond Retirement Fund and the Persian Gulf, Afghanistan, and Iraq Conflicts Compensation Fund.

The State will provide $100 per month, up to $1000, for Ohio veterans who served in the Persian Gulf, Afghanistan, and Iraq conflicts. Furthermore, the State will provide $50 per month, up to $500, for veterans who served elsewhere during those conflicts. In addition, family members of qualified deceased veterans can apply for a $5,000 death benefit.

Issue 3, a ballot measure to allow casino gaming in four major Ohio cities, passed on November 3rd. A 33% tax of gross revenue will be levied on the four casino operators. The tax will be distributed as follows:

• 51% among all 88 counties in proportion to such counties’ respective populations. Half of each county’s distribution will go to its largest city if that city’s population is above 80,000
• 34% among all public school districts
• 5% among all host cities
• 3% to the Ohio casino control commission
• 3% to the Ohio state racing commission fund
• 2% to a state law enforcement training fund
• 2% to a state problem gambling and addictions fund

For a complete reading of the ballot measure from the state of Ohio, click here.

Texas

Proposition 1, Authorizing City and County Financing to Buy Buffer Areas Near Military Installations, passed on November 3rd. The constitutional amendment authorizes the financing, including through tax increment financing, of the acquisition by municipalities and counties of buffer areas or open spaces adjacent to a military installation for the prevention of encroachment or for the construction of roadways, utilities, or other infrastructure to protect or promote the mission of the military installation.

Proposition 2, Requiring Appraisal of Residence Homesteads Based Solely on their Homestead Value, also passed on November 3rd. The constitutional amendment authorizes the legislature to provide for the ad valorem taxation of a residence homestead solely on the basis of the property’s value as a residence homestead.

Proposition 4, Establishing the National Research University Fund, was passed on November 3rd. The National Research University Fund will be established to provide state funding to tier-1 research universities. For a complete reading of the ballot measure, click here.

Proposition 6, Renewing Veterans’ Land Board Bond Authority for Land and Mortgage Loans, passed on November 3rd. The constitutional amendment authorizes the Veterans’ Land Board to issue general obligation bonds in amounts equal to or less than amounts previously authorized.

Proposition 8, Authorizing the State to Contribute Resources to Veterans’ Hospitals, passed on Tuesday, November 3rd. Proposition 8 will add Texas Constitution, Art. 16, sec. 73 to authorize the state to contribute money, property, and other resources to establish, maintain, and operate veterans’ hospitals in Texas. Click here for the Texas House Research Organization’s summary of the ballot measure.

Washington

Initiative Measure 1033, concerning state, county and city revenue, failed in Washington on November 3, 2009. This measure aimed to limit growth of certain state, county and city revenue to annual inflation and population growth, not including voter-approved revenue increases. Revenue collected above the limit would have reduced property tax levies. To read the official text of the failed Initiative Measure, click here.

-Stefan Johansson, Research

Summary and Results of 2009 Environment/Energy Ballot Measures:

New Jersey

The Public Question on the 2009 New Jersey Ballot was passed on November 3rd, also known as the Green Acres, Water Supply and Floodplain Protection, and Farmland and Historic Preservation Bond Act of 2009, if you don’t prefer brevity. The measure authorizes the State to issue bonds in the amount of $400 million to provide moneys for (1) the acquisition and development of lands for recreation and conservation purposes, including lands that protect water supplies, (2) the preservation of farmland for agricultural or horticultural use and production, (3) the acquisition, for recreation and conservation purposes, of properties that are prone to or have incurred flood or storm damage, and (4) funding historic preservation projects; and providing the ways and means to pay the interest on the debt and also to pay and discharge the principal thereof, with full public disclosure of all spending.

The initiative also funds park improvements and facilities. Of the total sum authorized: (1) $218 million will be used for Green Acres; (2) $146 million will be used for farmland preservation purposes; (3) $24 million will be used for the “Blue Acres” program by which the State may purchase from willing sellers, for open space preservation purposes, properties that are prone to or have incurred flood or storm damage; and (4) $12 million will be used for historic preservation purposes. All spending of the authorized bond proceeds will be subject to full public disclosure.

New Jersey citizens passed similar legislation by voting Yes on Public Question 3 in the 2007 General Election. Related ballot measures in other states include:

• Florida: Constitutional Amendment 4 (2008) – Requires Legislature to provide a property tax exemption for real property encumbered by perpetual conservation easements or other perpetual conservation protections, defined by general law.
• Maine: Question 4-Bond Issue (2007) – A $35,500,000 bond issue to invest in land conservation, water access, wildlife habitat, outdoor recreation opportunities, including hunting and fishing, farmland and working waterfront and to invest in state parks, historic sites and riverfront, community and farm infrastructure to be matched by at least $21,875,000 in private and public contributions.
• Ohio: Issue 2 (2008) – Authorizing the state to issue up to $200,000,000 of bonds for conservation and preservation of natural areas, open spaces and farmlands and other lands devoted to agriculture, including by acquiring land or interests in land; provision of state and local park and recreation facilities, and other actions that permit and enhance the availability, public use and enjoyment of natural areas in the state; and land, forest, water and other natural resource management projects.

Maine

On November 3rd, Question 2 – Citizen Initiative, a Maine ballot measure to Decrease the Automobile Excise Tax and Promote Energy, failed to pass.

This bill aimed to decrease the excise tax imposed on motor vehicles for the first year from 24 mills** to 12 mills, for the 2nd year from 17 1/2 mills to 8 mills and for the 3rd year from 13 1/2 mills to 4 mills and imposes a 4 mills rate for the 4th and succeeding years.  This bill would have also exempted from the excise tax imposed on motor vehicles the first 3 model years of a hybrid gasoline-electric vehicle, a fuel-cell-fueled or hydrogen-fueled vehicle or a highly energy efficient vehicle that has a highway fuel economy estimate of at least 40 miles to the gallon.

• **PVS Fun Fact – When referring to taxation, a “mill” is equivalent to one-tenth of a cent ($0.001). Therefore the “mill rate” is the tax per dollar of assessed value of property (i.e. 24 mills).

New York

On November 3rd, voters in New York passed Proposal 1-Constitutional Amendment, an amendment to section 1 of article 14 of the Constitution, in relation to the use of certain forest preserve lands by National Grid to construct a 46 kV power line along State Route 56 in St. Lawrence County. The bill authorizes the Legislature to convey up to six acres of forest preserve land along State Route 56 in St. Lawrence County to National Grid for construction of a power line. In exchange, National Grid will convey to the State at least 10 acres of forest land in St. Lawrence County, to be incorporated into the forest preserve. The land to be conveyed by National Grid to the State must be at least equal in value to the land conveyed to National Grid by the State.

The ballot measure passed with a necessary two-thirds majority vote. For a detailed reading of Proposal 1, visit the official elections page of the state of New York by clicking here.

-Stefan Johansson, Research

Follow Up on the Results of the 2009 General Election:

The New Jersey State Assembly will hardly change in composition as a result of the election (see our winner’s list). Incumbents ran for re-election in 72 of the 80 seats up for election, winning all of these races. Of the eight open seats, seven were won by a member of the same political party as the incumbent. In District 4, unofficial election results seem to indicate that Republican Dominick DiCicco won an open seat formerly held by a Democrat (freshman Assembly Member Sandra Love). As a result, once the newly-elected officials are sworn in, the party composition of the Assembly will change from 48 Democrats-32 Republicans to 47 Democrats-33 Republicans. While the Democrats will still hold a majority in the Assembly, New Jersey will be losing two key Democratic officials: Assembly Speaker Joe Roberts, who withdrew from the 2009 election, and Governor Jon Corzine, who lost his seat to Republican Chris Christie.

The Virginia House of Delegates had more turnover than the New Jersey State Assembly, but incumbents running for reelection were still victorious 89% of the time (see our winner’s list).  Eight of the Democratic incumbents lost their seats to Republican candidate (Districts 3, 21, 23, 32, 34, 51, 67, and 83), while only one of the Republican incumbents lost their seat to a Democrat (District 93). In addition, one Democratic incumbent lost in the primary election, but the seat was ultimately retained by a Democrat. Of the ten open seats, only one switched to a different party than that of the incumbent: District 52 went from Republican (Jeffrey Frederick) to Democrat (Luke Torian). Though some recounts are still pending, as the results stand now, it appears that Republicans will have a net gain of six seats in the House of Delegates, changing the party composition from 53 Republicans-43 Democrats-2 Independents-2 Vacant Democratic Seats to 59 Republicans-39 Democrats-2 Independents.

Virginia statewide elections also went in favor of the Republican party.  The open Gubernatorial seat, currently held by term-limited Democrat Tim Kaine was handily won by Republican Bob McDonnell with nearly 59% of the vote. The seat of Lieutenant Governor was retained by Republican Bill Bolling and the open seat for Attorney General remained Republican, with current State Senator Ken Cuccinelli set to replace Bill Mims.

In total, there were 185 federal and state seats up for regular election on November 3, 82% of which were retained by incumbents (153 total). Of the 164 incumbents running for reelection, 153 (93%) won. Both independent incumbents won reelection, giving them a 100% win percentage. Only 1 of the 78 Republican incumbents did not win reelection (99% win percentage), while 10 of the 84 Democratic incumbents did not win reelection (88% win percentage).

Special Elections

The open seat for Justice of the Pennsylvania Supreme Court swung Republican with the election of Joan Orie Melvin. Previously, Democrats had 4-3 majority on the court; it is now 3-4, in favor of the Republicans.

The Special Election for the U.S. House seat in New York District 23 resulted in Bill Owens (endorsed by the Democratic Party and Working Families Party) winning a seat previously held by Republican John McHugh. U.S. House District 10 in California (previously held by Democrat Ellen Tauscher) will remain Democratic, with the election of current Lieutenant Governor of California, John Garamendi. Before the election, the party composition of the U.S. House was 256 Democrats-177 Republicans-1 Vacant Republican Seat-1 Vacant Democratic Seat; it is now: 258 Democrats-177 Republicans.

Summary of Party-Changing Seats in this Election:

-1 of 1 Republican U.S. House seats went Democratic (special election)
-2 of 2 Democratic Gubernatorial seats went Republican
-the new office of Lieutenant Governor in New Jersey went Republican
-1 of 1 Democratic State Supreme Court Justice went Republican (special election)
-9 of 93 Democratic House/Assembly seats went Republican
-2 of 85 Republican House/Assembly seats went Democratic

-Kristen Vicedomini, Research Director

Follow-up on 2009 Housing/Property Ballot Measures:

New York:

On November 3rd, voters in New York passed Proposal 1-Constitutional Amendment, an amendment to section 1 of article 14 of the Constitution, in relation to the use of certain forest preserve lands by National Grid to construct a 46 kV power line along State Route 56 in St. Lawrence County. The bill authorizes the Legislature to convey up to six acres of forest preserve land along State Route 56 in St. Lawrence County to National Grid for construction of a power line. In exchange, National Grid will convey to the State at least 10 acres of forest land in St. Lawrence County, to be incorporated into the forest preserve. The land to be conveyed by National Grid to the State must be at least equal in value to the land conveyed to National Grid by the State.

The ballot measure passed with a necessary two-thirds majority vote. For a detailed reading of Proposal 1, visit the official elections page of the state of New York by clicking here.

Texas:

Proposition 1 passed on November 3rd. This constitutional amendment authorizes the financing, including through tax increment financing, of the acquisition by municipalities and counties of buffer areas or open spaces adjacent to a military installation for the prevention of encroachment or for the construction of roadways, utilities, or other infrastructure to protect or promote the mission of the military installation.

According to the Texas House Research Organization, supporters of the amendment say that Proposition 1 is necessary to grant clear, specific authorization for cities and counties to use bonds or notes to buy land to create buffer areas around military installations. In addition they argue that this amendment allows local communities to address a growing need to protect military establishments. Conversely, opponents of Proposition 1 argue that while protecting military bases is a worthy goal, cities and counties should not be given another reason to increase property taxes.

Proposition 3 was also passed on November 3rd, allowing state enforcement of uniform property appraisal standards and procedures. The ballot measure amends the constitution to require the legislature to provide for the administration and enforcement of uniform standards and procedures for appraisal of property for ad valorem tax purposes.

Proposition 3 removes the current constitutional requirement that administrative and judicial enforcement of uniform standards and procedures for property appraisal originate in the county where the tax is imposed. For more information on Proposition 3, visit the Texas House Research Organization.

Proposition 5 was passed in Texas on November 3rd. The constitutional amendment authorizes the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations.

According to the Texas House Research Organization, Proposition 5 would amend Texas Constitution, Article 8, section 18(c) to allow two or more adjoining appraisal districts to form a single consolidated board of equalization or appraisal review board. The ballot proposal reads:

• “The constitutional amendment authorizing the legislature to authorize a single board of equalization for two or more adjoining appraisal entities that elect to provide for consolidated equalizations.”

Supporters say that Proposition 5 would authorize the Legislature to allow adjoining counties to form consolidated appraisal review boards, which could operate more efficiently than separate boards. They also argue that having fully staffed and qualified appraisal review boards would help ensure a more professional, equitable, and timely appraisal review process.

However, opponents of the amendment claim that only residents of an appraisal district should decide appeals of appraisals of property located in that district, local appraisal review boards know their county markets and local economic realities, and bringing in outsiders from another county could result in a loss of local control of a local issue.

Proposition 9 passed November 3rd, a constitutional amendment to protect the right of the public, individually and collectively, to access and use the public beaches bordering the seaward shore of the Gulf of Mexico. The bill, HJR 102, grants the public an unrestricted right to use a public beach. The amendment authorizes the legislature to enact laws to protect these rights.

For detailed readings of all 2009 ballot measures and amendments in Texas, please visit the Texas House Research Organization.

-Stefan Johansson, Research

Maine Medical Marijuana Ballot Measure Follow-up:

On Tuesday, November 3rd, voters in Maine passed Question 5: Citizens Initiative with 59% of the votes. This initiated bill directs the Department of Health and Human Services to issue registry identification cards to patients who qualify to possess marijuana for medical use and to their designated primary caregivers. It sets limits on the amount of marijuana that may be possessed by qualifying patients and their designated primary caregivers, allows the establishment of nonprofit dispensaries to provide marijuana to qualifying patients and directs the Department of Health and Human Services to issue a registration certificate to a nonprofit dispensary that meets certain criteria, and changes the description of the medical conditions for which the medical use of marijuana is permitted. The measure also directs the Department of Health and Human Services to establish application and renewal fees sufficient to pay the expenses of implementing and administering the provisions of the initiated bill. The new legislation repeals the state’s old statutes regarding medical marijuana and replaces them with a new law, entitled the Maine Medical Marijuana Act.

The new Act expands the list of medical conditions for which marijuana may be prescribed to include cancer, glaucoma, positive status for human immunodeficiency virus (HIV), AIDS, hepatitis C, amyotrophic lateral sclerosis (commonly known as “Lou Gehrig’s disease”), Crohn’s disease, agitation of Alzheimer’s diseases, nail-patella syndrome, and the treatment of any of these conditions; plus any chronic or debilitating disease or medical condition that causes intractable pain that has not responded to ordinary procedures for reducing pain over a period of more than six months, and any chronic or debilitating disease or medical condition or its treatment that produces severe nausea, seizures (including epileptic seizures), or severe and persistent muscle spasms, such as those associated with multiple sclerosis. The public would be able to petition the Maine Department of Health and Human Services (DHHS) to add other medical conditions to this list, according to rules that would be developed by DHHS.

The legislation also authorizes the establishment of not-for-profit organizations as “nonprofit dispensaries” to acquire, cultivate and distribute marijuana to qualifying patients for medical use, and to be designated as primary caregivers for such patients. Every dispensary would have to qualify and be registered with DHHS and would operate under regulations to be developed by DHHS. The regulations must include restrictions on who could serve as a board member, officer or employee of a dispensary, and restrictions on the amount of usable marijuana or marijuana plants that the dispensary could produce and distribute to patients. Any cultivation of marijuana by a dispensary would have to take place in an enclosed, locked facility. No dispensary could be located within 500 feet of the property line of a public or private school that was already in existence, and local governments would remain free to restrict the number of dispensaries within their city or town or to enact reasonable zoning regulations applicable to dispensaries.

The Maine Medical Marijuana Act provides legal protections from prosecution for primary caregivers, qualifying patients and nonprofit dispensaries operating in compliance with the law, and also includes penalties for noncompliance with the new law and rules.

For a complete reading of the new legislation and other 2009 Maine ballot measures, please visit the Maine Citizen’s Guide 2009.

Other states have recently passed medical marijuana legislation as well, including:

• Rhode Island: H 5359 – A vote to override a veto of a bill that creates dispensaries called “compassion centers” to legally sell medical marijuana in the state.
• New Jersey: S 119 – A vote to pass a bill that legalizes the medicinal use of marijuana for patients that have been diagnosed by a physician as having a debilitating medical condition, and establishes alternative treatment centers to handle the production, storage, and dissemination of medical marijuana.
• New Hampshire: HB 648 – A vote to pass a bill that legalizes the medicinal use of marijuana for patients that have been diagnosed by a psysician as having a debilitating medical condition beginning January 1, 2010.
• Montana: SB 326 – A vote to pass a bill that amends existing law relating to the production and use of medical marijuana.
• Minnesota: SF 97 – A vote to pass a bill that legalizes marijuana for medical use by people with certain debilitating conditions.
• Michigan: Question 1 (2008) – A legislative initiative to permit the use and cultivation of marijuana for specified medical conditions.

There are currently 13 states where medical marijuana is legal, but few provide help to patients in obtaining it.

-Stefan Johansson, Research

Follow-up on Ohio Animal/Livestock Standards Ballot Measure:

In Ohio, Issue 2, a ballot measure to create the Ohio Livestock Care Standards Board for the purpose of establishing and implementing standards governing the care and well-being of livestock and poultry in Ohio, passed on November 3rd with 67.3% of the votes.

Issue 2 authorizes the newly created Ohio Livestock Care Standards Board to consider factors that include, but are not limited to: agricultural best management practices for such care and well-being, biosecurity, disease prevention, animal morbidity and mortality data, food safety practices, and the protection of local, affordable food supplies for consumers when establishing and implementing standards. In addition, the measure allows the Ohio Department of Agriculture to enforce the standards established by the board.

For complete voting results please visit the National Conference of State Legislatures Ohio ballot measures page.

-Stefan Johansson, Research

Follow-up on Ohio Gaming Ballot Measures:

For the first time in twenty years  Ohio citizens voted to shuffle-up and deal, passing Issue 3 on November 3rd, a gaming initiative making Ohio the 39th state to allow casino gambling. This came as a surprise, as Ohio voters have rejected casino proposals four times since 1990. However, the biggest difference between the initiative proposed in 2008 and this year’s Issue 3 is where the revenue goes: Issue 3 directs a certain percentage of casino revenues to Ohio public schools, an option that has been absent from Ohio casino initiatives in the previous twenty years. The proposed amendment to the Ohio constitution allows for casinos to be built in the state’s four major cities: Cincinnati, Cleveland, Columbus, and Toledo.

Supporters of the initiative, like groups such as Yes On 3, claimed its passage would create 34,000 new jobs, at least $1 billion in private investment, $651 million annually for schools and local and state programs, and $200 million in licensing fees.

Opposition to the ballot measure, from groups like Vote No Casinos, argued that Issue 3 would create a private monopoly controlled by four casino owners, as well as levying a hidden tax on citizens for the cost of infrastructure.

The trend of relaxing gaming laws is not relegated to Ohio. Each of Ohio’s bordering states, except Kentucky, have allowed for casino gambling, and many other states have recently passed or proposed gaming expansion legislation including:

• Indiana (HR 1729)
• South Dakota (SJR 1)
• Florida (SB 788)
• Illinois (SB 744)

-Stefan Johansson, Research

Follow-up on Inmate Labor Ballot Measures:

Proposal 2, the New York amendment to allow inmates in state and local correctional facilities to perform work for non-profit organizations, passed on Tuesday, November 3rd. Section 24 of article 3 of the State Constitution currently prohibits the farming out, contracting, giving away or selling of convict labor to any person, firm, association, or corporation. Inmates may, however, perform work for the State and its political divisions and their public institutions.

The amendment will authorize the Legislature to pass legislation allowing inmates to perform work for nonprofit organizations. A “nonprofit organization” is defined to mean an organization operated exclusively for religious, charitable, or educational purposes, no part of the net earnings of which benefits any private shareholder or individual.

As a non-profit organization, Project Vote Smart eagerly awaits internship applications from inmates in New York State correctional facilities! Inmates, if you have any questions, please call us from your “cell” phones.

-Stefan Johansson, Research

Follow-up on Education Ballot Measures:

On November 3^rd, voters in Maine rejected a ballot measure to repeal the school district consolidation laws (Question 3: Citizen Initiative). The measure would have repealed the laws related to the consolidation of school administrative units that were enacted by the First Regular Session of the 123rd Legislature in Public Law 2007, chapter 240, Part XXXX. In addition, it would have restored the laws that were amended or repealed to accommodate the consolidation.

Proposition 4 in the state of Texas passed on Tuesday, November 3rd. The amendment will provide a $500 million research fund for Tier-1 universities such as Texas A&M and the University of Texas (Austin). According to the bill, the balance from the Higher Education Fund will be transferred to the National Research University Fund. Tier-1 research universities are considered to be institutions that annually contribute more than $100 million to research. Currently, Texas, with a state population of over 24 million, has only three Tier-1 universities. According to the Texas House Research Organization, supporters of Proposition 4 hope the newly created research fund will increase the number of Tier-1 schools in Texas while helping Texan students to become more competitive in the global workforce. Opponents of the bill claim that the funding criteria could be too difficult for some institutions to achieve, especially historically under-funded institutions as well as those who primarily serve minorities.

-Stefan Johansson, Research