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A look at the 2007 ballot measures

USC Gould School of Law • November 9, 2007
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The Initiative and Referendum Institute at USC analyzes election results state by state

— From the Initiative and Referendum Institute

Voters in six states weighed in on 34 ballot propositions on Nov. 6, 2007, approving 79 percent of them. The number of propositions this most recent election was far below the 204 propositions in 37 states in November 2006, according to USC’s Initiative and Referendum Institute, which published a state-by-state Ballotwatch overview and lists of the ballot propositions and election results. (For the full report, please go to: http://www.iandrinstitute.org/BW%202007-2%20Election%20results.pdf)

The 79-percent approval rate exceeds the 67-percent approval rate in 2006 and the 51-percent approval rate in 2005. Only four of the measures were placed on the ballot by citizen petition. Two initiatives (one that failed in Maine and one that was approved in Washington) proposed new laws, and two referendums (one in Utah that was successful and one in Washington that was unsuccessful) asked voters to repeal a law approved by the state legislature.

The other 30 measures were placed on the ballot by the legislature. At the midpoint of the decade, a total of 233 initiatives have come before the voters. The number of initiatives for the decade (2000-2007) now stands at 303.

This IRI report highlights key issues and lists all of the ballot measures and election results state by state. All election results are unofficial returns.

TRENDS

With relatively few measures on the ballot, it is difficult to point to pronounced national trends. Two broad classes of issues did emerge in multiple states, however: taxes and bonds. These issues are perennially popular subjects for ballot propositions.

Seven tax-related propositions were decided in four states, and voters were consistently anti-tax. Oregon voters rejected a cigarette tax (Measure 50). Texas voters approved limits on the appraised value of homes (Prop. 3), property tax exemption for certain vehicles (Prop. 6), and property tax relief for disabled veterans (Prop. 9). Washington voters approved an initiative that required a two-thirds vote of the legislature for all tax increases (I-960), and rejected a proposal to make it easier for local governments to raise taxes by removing a supermajority requirement in referendums (EHJR 4204). New Jersey voters rejected revenue-neutral Public Question 1, which would have directed 1 percent of sales tax revenue to property tax relief.

Bonds continued to be a popular funding source. Nine bond measures in three states were approved that authorized a total of $10.084 billion ($134 million in Maine, $200 million in New Jersey, and $9.75 billion in Texas). The only bond measure to fail was New Jersey’s Public Question 2 that would have authorized $450 million for stem cell research.

HOT ISSUES

Although few issues struck a spark nationwide in 2007, several interesting issues appeared in single states.

In Utah, by a 62-38 margin voters repealed a law passed by the Republican-controlled legislature that would have provided vouchers of $500 to $3,000 for low-income students to attend private schools. The repeal campaign was funded with $4.5 million from the National Education Association. The pro-vouchers side was bankrolled with $4 million from the family of Overstock.com CEO Patrick Byrne. A similar school voucher initiative was rejected in California by similarly large margin in 2000, but the overwhelming failure of this measure in conservative Utah is especially heartening news for teacher unions and other educational groups committed to fighting voucher plans.

In New Jersey, voters rejected a bond issue to fund stem cell research. This proposition came on the heels of controversial stem cell measures in California in 2004 and Missouri in 2006, both of which were approved. New Jersey is a solidly blue state, so it seems likely that voters were mainly scared away by the price tag and not by moral qualms about stem cell research.

Oregon voters approved Measure 49, sponsored by the legislature, that significantly limited land development and weakened the state’s landmark Measure 37 that requires governments compensate land owners when regulations reduce the value of their property. Land use has been a front burner issue in the last few years, triggered by Measure 37 in 2004 and especially the United States Supreme Court’s Kelo ruling in 2006. Eleven eminent domain or regulatory takings propositions were decided in 2006.

Also in Oregon, voters rejected Measure 50 that would have increased the tobacco tax by a whopping 84.5 cents a pack, with revenue dedicated to health care for low income children. Tobacco companies spent $12 million fighting the measure. This is just one year after the tobacco industry spent more than $50 million to defeat a similar measure in California, and signals the industry’s continued willingness to use its deep pockets to fight these measures. In addition to testifying to the power of money in opposition to ballot propositions, the rejection of Measure 50 suggests voters remain hesitant to require narrow groups to fund broad public programs.

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