The Voter’s Speakeasy

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

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 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

Follow-Up on Same-Sex Unions Ballot Measures:

In Maine, the voting populace successfully vetoed the legalization of same-sex marriage (Question 1 on the November 3rd Ballot).  As of yet, no state has passed such a measure by popular vote,  according to the National Conference of State Legislatures.

It is doubtful that legislation legalizing same-sex marriage would be signed into law in New Jersey or Virginia once the newly-elected governors take office.   New Jersey Governor-elect Chris Christie has stated:

“While, I have no issue with same sex couples sharing contractual rights, I believe that marriage should remain the exclusive domain of one man and one woman.  If a bill legalizing same sex marriage came to my desk as Governor, I would veto it.” (see the complete text of this issue position)

Virginia Governor-elect Bob McDonnell’s 2009 campaign website lists his position as follows:

“Bob McDonnell believes marriage is the union between one man and one woman.   As a legislator, Bob McDonnell was chief sponsor and author of a constitutional amendment protecting traditional marriage (Chief Patron, HJ 187, 2004).  As Attorney General, Bob supported Virginia’s marriage amendment and wrote an official opinion explaining that it would not affect the current legal rights of unmarried persons.”  (see the complete text of this issue position)

Washington’s Referendum 71, on the other hand, seems to have passed by a slim margin.  This will effectively treat domestic partnerships as equal to marriage under the law, except in name.

-Kristen Vicedomini, Research Director

Follow-Up on Elections and Officials Ballot Measures:

Question 7 in Maine failed to pass, though unofficial election results indicate it was only by a few percentage points.  This constitutional amendment would have extended the amount of time to process direct initiative petitions and redefined the deadlines for people’s veto referendum petitions.

In Texas, Proposition 7: Allowing Members of the Texas State Guard to Hold Civil Office and Proposition 10: Allowing Board Members of Emergency Services Districts to Serve Four Years both passed, along with the 9 other proposed constitutional amendments on the Texas ballot.  Preliminary tallies suggest that over 70% of voters voted “yes” on each of these Propositions.

-Kristen Vicedomini, Research Director

Unofficial results have been coming in across the country for the November 3rd election.  Here are the winners, state-by-state:

California: Congressional District 10

Maine: Ballot Measures

New Jersey: Governor and State Assembly, Ballot Measures

New York: Congressional District 23, Ballot Measures

Ohio: Ballot Measures

Pennsylvania: Justice of the Supreme Court

Texas: Ballot Measures

Virginia: Governor and State House

Washington: Ballot Measures

We are keeping track of two ballot measures relating to education in two states for the 2009 election.  One is on the ballot in Maine and the other is in Texas.

Question 3 in Maine is a statewide referendum attempting to overturn the school district consolidation law passed in 2007 the school district consolidation law passed in 2007 by the Maine State Legislature and subsequently amended in 2008.   The law attempts to consolidate Maine’s 218 school districts into 80 districts.   A yes vote supports repealing the law, while a no vote supports keeping it as it currently is.  This is a significant issue in Maine, and several pieces of related legislation have been discussed in the State House and Senate in 2009.  In June, the Maine Senate voted to keep the program in place, but the House voted to try and repeal it.  Further related legislation includes another vote in June to delay penalties for noncompliance with consolidation by one year.

Proposition 4 in Texas is an attempt to establish a $500 million fund for Tier 1 universities, designated as emerging research universities in the legislation.  The proposition provides that the Texas State Legislature will provide the rules and procedures by which such funding can be available, and it specifically excludes University Of Texas (Austin) and Texas A&M from further funding as both are already Tier 1 schools.  Similar legislation was seen this year in Missouri, where the House passed a joint resolution to authorize the issuance of $700 million in 25 year bonds for a variety of purposes related to institutions of higher education.

-Darren McDivitt, Research Associate

This year, two states will determine the legal status of same-sex unions by popular vote.

• Earlier this year, Maine’s State House and State Senate approved legislation that would permit same-sex couples to marry, recognize same-sex marriages legally performed in other states, and “allow individuals and religious groups to refuse to perform these marriages.”  In response, Maine citizens petitioned for a people’s veto to appear on the November 3rd ballot.  If this measure is approved, same-sex couples would be prohibited from marrying.

The state of Vermont enacted legislation permitting same-sex marriage in April of this year (see: Senate vote, House vote, Governor Jim Douglas’ veto,  House Override of Veto, Senate Override of Veto).  State Senator Kevin Mullin introduced an amendment to this bill that would have forced a legislative referendum on the measure, but it failed in the Senate.  Not long after, the Connecticut legislature (see: Senate Vote, House Vote) and the New Hampshire legislature (see: House Vote, Senate Vote with Amendment) each passed similar bills.  The State Assembly of New York passed such a bill as well, but it has yet to reach a vote in the State Senate.  Also in 2009, The Supreme Court of Iowa ruled that a 1998 law defining marriage as strictly between one man and one woman was unconstitutional.

Last year, the citizens of Arizona, Florida, and California approved constitutional amendments to define marriage only as the legal union of one man and one women.  Members of the Wyoming State House attempted to pass such an amendment this year, but it failed.

• Washington’s Referendum 71 does not permit same-sex marriage, but would affect the status of those in domestic partnerships.  According to the Official Explanatory Statement- as supplied by the Attorney General- approval of this referendum “would amend references in numerous state statutes so that rights, responsibilities, and obligations granted by or imposed by state law on married couples and their families would apply equally to state-registered domestic partners” (see: Senate Vote, House Vote).

In Nevada, domestic partnerships were first established this year (see: Senate Vote, House Vote, Governor Jim Gibbons’ Veto, House Override of Veto, Senate Override of Veto).   New Mexico and Hawaii legislatures tried to do the same, but were unsuccessful.

-Kristen Vicedomini, Research Director

There are twenty-six statewide Ballot Measures up for election on November 3rd, which are spread among six states: Maine, New Jersey, New York, Ohio, Texas, and Washington.  Six of these are initiatives, two are citizen referenda, and eighteen are legislative referenda.   If enacted, seventeen would amend state constitutions, seven would change state law, and two would allow the state to issue bonds for certain projects.

There are three constitutional amendments proposed that would directly affect elections and officials themselves:

• Question 7 on Maine’s ballots would extend the amount of time local officials have to certify direct initiative petitions by five days.   To accomplish this, the final deadline for submitting petitions to the Secretary of State would be pushed back by 10 days, and other deadlines would be redefined.  Depending on which day of the week the deadline falls and if there are any legal holidays, petitioners could have up to 2-4 additional days to submit signatures.  This amendment would also change the  deadline of submitting signatures for a people’s veto from 5 days before the final deadline to 3 business days before the final deadline.
• Proposition 7 in Texas would “allow an officer or enlisted member of the Texas State Guard or other state militia or military force to hold other civil offices.”
• Texas’s Proposition 10 would extend the terms of elected members of the governing boards of emergency services districts from two years to four years.  There were also efforts in South Dakota this year to extend term lengths for elected officials.   SJR3 in South Dakota proposed to change state senate terms from two years to four years for those whose term of office begins in a year that ended in a 3 or 7.  While this passed in the state senate, the state house rejected it.  Had it received a majority in both houses of the legislature, this would have appeared as a ballot measure as well. 
  

-Kristen Vicedomini, Research Director