29 September 2008
U.S. Voters Will Address a Wide Range of Issues on November 4
Direct action through initiatives, referendums common in U.S. elections
Washington — When American voters head to the polls, often they are not just selecting their future leaders. Many also weigh in on a variety of issues, including how their taxes are spent or what rights their state constitutions guarantee.
Ballot measures, including initiatives and referendums, give voters an opportunity to enact or repeal laws, endorse proposed laws, determine how funds will be raised or spent and approve or reject potential amendments to the state constitution.
As of mid-September, voters in 33 states are set to vote on 139 ballot measures, according to the Initiative and Referendum Institute, part of the University of Southern California’s Gould School of Law. While this number will likely change slightly as Election Day nears, there will almost certainly be fewer ballot measures in 2008 than in 2006 or 2004.
The most common ballot measures are initiatives, allowed in 24 states. Citizens vote on proposals that have garnered a minimum number of signatures on a petition. In some of those states, petitions for legislative action first are submitted to the state legislature, which can choose to act on the petition or allow the voters to decide.
Each state has its own rules governing how ballot measures are placed before the voters, but there are many elements in the process that are common to all states. For example, each state has requirements setting the number of signatures needed on a petition to allow an initiative to be placed on the ballot. The required number usually is based on a percentage of votes cast for governor in the most recent gubernatorial election.
From 1904 through 2007, some 2,236 initiatives appeared on state ballots; 41 percent of those were approved by the voters, according to the institute. There is no provision for nationwide ballot measures in the United States.
The measures that will seek voter approval in 2008 cover a wide range of topics, including funding state projects, changing educational standards and establishing lotteries.
Ballot measures often can be a good indicator of how strongly the electorate feels about an issue. If support for an issue turns out to be stronger than expected, state and national lawmakers would take notice. Because initiatives can draw national attention, a group might promote a ballot initiative in hopes that it will encourage Congress or the judicial branch to take action.
POTENTIAL EFFECTS IN SOUTH DAKOTA, CALIFORNIA
One example of such a measure is South Dakota’s Initiated Measure 11 that seeks to ban abortion except in situations involving rape or threats to the health of the mother. A 1974 U.S. Supreme Court effectively legalized abortion. Some anti-abortion activists believe the Supreme Court should consider overturning that ruling. In order to do so, the court would need a case to review.
In 2006, the South Dakota legislature passed a law banning abortion, but citizens garnered enough petition signatures to get a referendum on the ballot calling for the ban to be overturned. Anti-abortion and abortion-rights activists from across the country participated in a heated campaign; ultimately citizens voted in favor of the referendum, overturning the South Dakota ban. According to the institute, one reason citizens overturned it was because it had no exception for pregnancies that resulted from rape or threatened the health of the mother.
This year South Dakota voters will vote on a ban that does include an exception for such situations. If Measure 11 passes, which the institute says is a possibility, it is almost certain to be challenged legally by abortion-rights activists. That case could provide an opportunity for the Supreme Court to review abortion laws.
On November 4, Colorado voters will weigh in on a similar ballot measure, but the institute does not believe the Colorado measure will pass.
One of the most common ballot issues in recent elections is gay marriage. Twenty-four states have voted on initiatives to define marriage as between a man and a woman. Only one state, Arizona, rejected such a measure, but Arizona voters will weigh in again on this topic on Election Day 2008.
The measure likely to receive the most attention this year is California’s Proposition 8, which asks voters to amend the state’s constitution to include a gay marriage ban. In 2000, voters approved a statute that banned gay marriage but did not alter the constitution. In May the California Supreme Court ruled that this ban was not only unconstitutional, but that same-sex couples have a right to marry.
In the wake of that ruling, California became the second state to allow gay marriages, a situation that would change if Proposition 8 passes. However, the institute says polls indicate the measure is unlikely to pass.
