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Light writes: "This year, many initiatives have been pushed by either a political party or by political activist groups."

A man hands out signs at a rally on the campus of Los Angeles City College. The proposition is largely supported by anti-tax activists, business executives and Republican donors. (photo: Reed Saxon/AP)
A man hands out signs at a rally on the campus of Los Angeles City College. The proposition is largely supported by anti-tax activists, business executives and Republican donors. (photo: Reed Saxon/AP)


State Ballot Initiatives to Watch

By John Light, Moyers & Company

30 October 12

 

tate ballot initiatives are voter referendums that range from small tax code tweaks to addressing major issues like same-sex marriage and voter ID laws. Often when a state's legislative and executive branches are unable to reach a consensus on an issue, a petition signed by a minimum number of registered voters can put the issue on the ballot for state referendum. On November 6, 176 ballot initiatives will be decided across 38 states.

This year, many initiatives have been pushed by either a political party or by political activist groups. California ballot initiatives in particular have prompted a deluge of spending by millionaires and billionaires, corporations and out-of-state players seeking to enact political agendas that could then (they hope) spread to other states. This slideshow takes a look at ballot initiatives related to ten hot-button issues.

Same-Sex Marriage

On Nov. 6, four states will vote on ballot initiatives related to marriage equality. Questions on the ballot in Maryland and Washington ask voters whether same-sex marriage should be legalized. An initiative in Minnesota asks voters whether same-sex marriage should be banned by adding to the constitution a section that states, “Only a union of one man and one woman shall be valid or recognized as a marriage in Minnesota."

In Maine, voters will have the chance to overturn a 2009 ballot initiative against same-sex marriage. That 2009 initiative overturned a state legislature- and governor-approved law that would have legalized same-sex marriage in Maine.

Taxes

Many states will be voting on measures related to taxes, but the main fight over taxes is in California. The daughter and son of billionaire Charles Munger are spending millions in an attempt to defeat Governor Jerry Brown's ballot initiative, Proposition 30, which institutes a tax increase to fund public education and other state services. The Mungers are sponsoring Proposition 38, which would raise $10 billion a year for public school districts and early development programs by increasing the income tax on most Californians. Brown's proposition would increase state sales tax and only increase income taxes on those earning over $250,000.

Many Californians worry that the drama will sink both initiatives, and leave the state's schools without a much-needed funding increase.

The Mungers, incidentally, have also spent millions supporting Proposition 32. More on that here.

Labor

California Proposition 32 prohibits unions, corporations and the state government from making automatic deductions from employees' wages for political purposes, but includes an exemption for donations to super PACs. While this measure will impact how both businesses and unions donate to political campaigns, opponents of the bill say it will disproportionately affect unions, since businesses rarely raise money for political purposes through paycheck deductions. The super PAC exemption also gives the heads of corporations a way around the measure. The proposition is largely supported by anti-tax activists, business executives and Republican donors - among them, Charles Munger, Jr., who is also taking on California Governor Jerry Brown over how to fund public education.

In Michigan, Proposal 2 would make collective bargaining a constitutional right for all public- and private-sector workers, and Proposal 4 would specifically protect the collective bargaining rights of home healthcare providers.

Jake Dimmock, co-owner of the Northwest Patient Resource Center medical marijuana dispensary, waters medical marijuana plants in a grow room in Seattle. (AP Photo/Ted S. Warren)

Marijuana

Voters in five states will have the opportunity to change their state's laws relating to marijuana. Ballot initiatives in Colorado, Oregon and Washington ask voters whether the states should legalize and create a government entity to regulate the sale of marijuana. Both Arkansas and Massachusetts have ballot initiatives seeking to legalize marijuana for medical purposes.

Immigration

Maryland Question 4 would approve legislation that offers in-state tuition rates at community colleges to undocumented immigrants, a sort of statewide DREAM Act. To be eligible for the in state tuition, the student would have to attend 3 years of Maryland high school and apply to become a resident. The student, or his or her guardian, would also be required to file state tax returns. State legislatures in both Illinois and California have already passed state-wide DREAM Acts.

In Montana, a vote on a state statute would require that applicants for state services present proof of citizenship. The ballot language asks voters whether they support “an act denying certain state-funded services to illegal aliens."

Campaign Finance

Montana and Colorado both have measures seeking to minimize the impact of the Supreme Court's Citizens United decision. Montana ballot initiative I-166 “establishes a state policy that corporations are not entitled to constitutional rights because they are not human beings, and charges Montana elected and appointed officials, state and federal, to implement that policy." Since the Supreme Court's ruling, Montana - known for over a century of strong campaign finance laws - has become a battleground in the fight over campaign finance.

The Colorado Campaign Contributions amendment asks Colorado voters whether their legislators should work towards a federal amendment that would counter Citizens United by setting limits on political donations. While state limits on campaign spending are being decided in courts, both the Montana and the Colorado amendment charge those states' legislators to work on the federal level to counter Citizens United.

Genetically Modified Food

California Proposition 37 would require most genetically modified food - “food sold to consumers made from plants or animals with genetic material changed in specified ways" - to be labeled, and would prohibit that food from being marketed as “natural." A Chicago-based alternative medicine physician, Dr. Joseph Mercola, has spent over $1 million in support of the proposition, while several chemical companies have each spent millions opposing the proposition. Monsanto, the multinational biotechnoloy company best known for manufacturing the herbicide “Roundup" and the leading producer of genetically engineered seed, has spent over $7 million in opposition.

Health Care

Wyoming, Montana, Florida and Missouri all have measures seeking to limit the impact of President Obama's Affordable Care Act. The Missouri proposition prohibits the state government from establishing a healthcare exchange in accordance with the ACA, and Wyoming, Montana and Florida each have measures seeking to ensure that no resident be forced to buy healthcare.

But law experts and politicians have warned that the Wyoming, Montana and Florida measures will have little impact in the wake of the Supreme Court's June decision upholding the ACA. “There is going to be nothing that happens anyway because the U.S. Supreme Court has already ruled that the law is constitutional. It is in effect. It is the law of the land," said Montana State Representative Chuck Hunter, a Democrat, of his state's ballot initiative. “I think it's time, particularly since the Supreme Court has ruled, to move on from that issue and go about improving the places where the law needs to be improved."

Affirmative Action

Oklahoma State Question 759 would add a section to the state constitution that effectively bans affirmative action. The proposition makes a few exceptions, such as “[w]hen gender is a bonafide qualification." The Oklahoma initiative is supported by the state's Republicans, who say affirmative action has served it's purpose. The state's Democrats disagree. “This is not a perfect world. In a perfect world we wouldn't need affirmative action," said Wallace Collins, the chair of the Oklahoma State Democratic Party.

The Supreme Court also recently heard arguments on whether affirmative action is constitutional, an issue the court last decided in 2003. A decision on the Supreme Court case is expected in the spring.

Voting Rights

In Minnesota, a bill requiring voters to present photo ID passed both chambers of the state legislature, but was vetoed by Governor Mark Dayton. So proponents of voter ID laws turned to a ballot initiative instead. The initiative, if passed, would go into effect in July 2013. A poll conducted in mid-October found that 53 percent of Minnesotans were in favor of the bill, while only 40 percent were against it.

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