Author

Jackie Mitchell

Jackie Mitchell is a state ballot measures staff writer at Ballotpedia. Contact us at editor@ballotpedia.org.

Voters in four states decided five measures concerning direct democracy Nov. 3

Voters in Florida and North Dakota rejected measures that would have required approval at two consecutive elections for constitutional amendments to be ratified.

Florida Amendment 4 was designed to require constitutional amendments to be approved by voters at two successive general elections to become effective. Going into the election, in Florida, if voters approve an amendment at one general election, it becomes part of the constitution. In Florida, constitutional amendments require a supermajority vote to become effective. This requirement was added to the constitution in 2006. The supermajority requirement would have applied to both elections if Amendment 4 was approved. The measure was rejected by a vote of 47.5% in favor to 52.5% against.

North Dakota Constitutional Measure 2 would have required initiated constitutional amendments passed by voters to be submitted to the legislature for approval. If the legislature did not approve the amendment, Measure 2 would have required amendments to be placed on the ballot again at the next statewide election to become effective if approved by the voters a second time. Measure 2 was rejected by a vote of 38% in favor to 62% against.

Nevada is the only state where initiated constitutional amendments must be approved at two consecutive elections. This does not apply to legislatively referred constitutional amendments, which must be approved twice by the legislature (with a majority vote) but only once by the state’s voters. Since the pass-it-twice requirement was created in 1962, there have been 14 citizen-initiated constitutional amendments that passed at the first election and appeared on the ballot again at the next election. Of the 14 measures, 12 were passed at their second elections (85.7%) and two failed (14.3%).

A legislatively referred constitutional amendment on the ballot in Arkansas would have changed many aspects of the state’s initiative process including:

  1. increasing the signature distribution requirement,
  2. shortening the signature deadline, and
  3. eliminating the current opportunity proponents have to collect additional signatures if they fall short.

The amendment would also have changed the size of the vote required of the state legislature to refer constitutional amendments to voters from a simple majority to a three-fifths (60%) supermajority vote requirement. The measure was defeated by a vote of 44% in favor to 56% against.

Two direct democracy measures on the ballot in Montana that were referred by the state legislature were approved. They did not change the state’s initiative distribution requirements but rather amended the state constitution’s language to match the distribution requirements that were already enforced.

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Voters in Arizona, Colorado, Illinois decide ballot measures regarding state income taxes

Voters in 12 states voted on 19 ballot measures addressing tax-related policies on Nov. 3. Ten of the measures addressed taxes on properties, three were related to income tax rates, two addressed tobacco taxes, one addressed business-related taxes, one addressed sales tax rates, one addressed fees and surcharges, and one was related to tax-increment financing (TIF).

The three measures concerning state income taxes were on the ballot in Arizona, Colorado, and Illinois. Arizona voters approved a measure to add a surtax for income above a certain level to fund education. Colorado voters approved an income tax decrease. Illinois voters defeated a measure to allow for a graduated income tax.

Arizona Proposition 208 was approved by a vote of 51.75% to 48.25%. The measure enacted a 3.50% income tax, in addition to the existing income tax, on taxable income above $250,000 (single filing) or $500,000 (joint filing). As of 2020, the highest income tax in Arizona was 4.50%, which was levied on income above $159,000 (single filing) or $318,000 (joint filing). Based on the existing income tax rates, the ballot initiative has the effect of increasing the tax rate from 4.50% to 8.00% on income above $250,000 (single filing) or $500,000 (joint filing). The Invest in Education PAC was registered in support of the ballot initiative. The PAC received $21.6 million in contributions. The Arizonans for Great Schools and a Strong Economy and No on 208 PACs were registered in opposition to the ballot initiative. The PACs received $5.7 million in contributions.

Colorado Proposition 116 was designed to decrease the state income tax rate from 4.63% to 4.55% for individuals, estates, trusts, and foreign and domestic C corporations operating in Colorado. It was approved by a vote of 57.88% to 42.12%.

The Colorado individual income tax rate has been a flat tax rate since 1987. The flat tax was 5% from 1987 to 1998. It was lowered to 4.75% in 1999. The rate has been 4.63% since 2000. Energize our Economy (306 Real Fair Tax) and Americans for Prosperity Colorado Issue Committee raised $1.55 million in contributions to support the measure. Protect Colorado’s Recovery and Fair Tax Colorado reported $3.19 million in contributions to oppose the measure.

An amendment to authorize the state to enact legislation providing for a graduated income tax was on the ballot in Illinois where it was defeated by a vote of 45.46% to 54.54%. The ballot measure would have repealed the state’s constitutional requirement that the state’s personal income tax is a flat rate across income. Instead, the ballot measure would have allowed the state to enact legislation for a graduated income tax. In Illinois, income is taxed at a flat rate of 4.95%.

The Vote Yes For Fairness, Vote Yes for Fair Tax, and Yes to a Financially Responsible Illinois PACs were registered to support the constitutional amendment. Together, the committees had raised $60.33 million. Gov. J.B. Pritzker (D) contributed 94 percent of the PACs’ total combined funds.

The Vote No On The Blank Check Amendment, Coalition To Stop The Proposed Tax Hike, and Chambers Against Progressive Income Tax PACs were registered to oppose the constitutional amendment. Together, the committees had raised $60.86 million. Ken Griffin, the founder and CEO of Citadel, contributed 88 percent of the PACs’ total combined funds.

Going into the 2020 election, 43 states levied a tax on personal income. Of these 43 states, 11 states had a flat income tax rate, meaning there is a constant rate across income before deductions and exemptions. The flat income tax rates ranged from 2.00% in Tennessee to 5.25% in North Carolina. Tennessee’s income tax was scheduled to be reduced to 1.00% in 2020 and to be repealed entirely in 2021. Most (32 of 50) states had a graduated income tax, with different rates applied to different levels of income.

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Wyoming amendment concerning municipal debt for sewage systems fails

The Wyoming State Legislature referred Constitutional Amendment A to the November 2020 ballot. The measure was designed to remove the constitutional limit on debt a municipality could incur for municipal sewer projects. Going into the election, the limit on total debt for municipal projects was 4% of the assessed value of the taxable property within the municipality. The constitution allows for an additional 4% for municipal sewer projects. The measure would have removed the additional limit of 4% for sewer projects and instead allowed the legislature to provide for additional indebtedness.

This measure failed since it required approval from a majority of voters casting a ballot at the election, which means leaving Amendment A blank was the equivalent of voting against it. Of the total ballots cast, 11.17% of voters either left Amendment A blank or filled in both “for” and “against.”

  • Total ballots cast at the election – 278,503 (100%)
  • Total votes for Amendment A – 126,589 (45.45%)
  • Total votes against Amendment A – 120,808 (43.38%)
  • Undervotes and overvotes on Amendment A – 31,106 (11.17%)

From 1996 through 2018, the Wyoming State Legislature referred 26 constitutional amendments to the ballot. Voters approved 18 and rejected eight of the referred amendments. Four of the eight rejected measures were defeated despite receiving more yes votes than no votes. They failed for the same reason Amendment A (2020) failed. All of the amendments were referred to the ballot for general elections during even-numbered election years. The average number of amendments appearing on the general election ballot was two. The approval rate at the ballot box was 69.23% during the 22-year period from 1996 through 2018. The rejection rate was 30.77%.

Five other states besides Wyoming have this type of requirement based on election turnout instead of votes cast on the measure itself. Four require constitutional amendments to be approved by a majority of all voters at the election, and one requires approval from a number equal to a majority of all voters casting a ballot for governor. Three other states have provisions that require approval from a certain percentage, ranging from 30% to 40%, of all voters at the election. Provisions like these mean that a certain number of undervotes on an amendment could prevent the measure from passing despite approval from a majority of votes cast on the measure itself.

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33 committees supporting and opposing Colorado’s 11 November ballot measures raised over $59 million, spent over $57 million

Thirty-three committees registered to support and oppose the eleven measures that appeared on the Nov. 3 ballot in Colorado.

The 33 committees raised $59,164,321.52 and spent $57,392,791.82 according to reports due on November 2 that covered election information through October 28. The next regular reports are due on December 3.

Eight of these 11 measures on the ballot were placed on the ballot through citizen petition drives. These measures concern issues like wolf reintroduction, abortion restrictions, citizenship requirements for voting, a national popular vote, paid medical leave, gambling and taxes. The other three measures were referred to the ballot by the legislature.

The campaigns that raised the most money won in all cases — except Proposition 116 to decrease the state income tax rate, where supporters raised $1.55 million and opponents raised more than double that amount, though that measure was approved by Colorado voters.

Three Colorado ballot measures (Amendment C concerning charitable bingo, Proposition 114 concerning wolves and Proposition 117 concerning state enterprises) were too close to call as of Friday afternoon.

The measure with the highest amount of contributions was Proposition 115, which would have prohibited abortions after 22 weeks of gestational age.
This measure was defeated. Opponents of Proposition 115 raised over $9.5 million, while the proposition’s supporters raised nearly $690,000.

The other top most expensive measures in Colorado in 2020 were:

  • Proposition 118 to create a state-run paid medical and family leave program, which was (approved):
    • Support — $8,918,452.11
    • Opposition — $785,423.2
  • Proposition EE to create a tobacco and vaping products tax to fund health and education programs (approved):
    • Support — $4,711,452.39
    • Opposition — $4,410,902.45
  • Amendment B to repeal the Gallagher Amendment and freeze current property tax rates (approved):
    • Support — $7,311,344.10
    • Opposition — $722,140.10

So far in 2020, Ballotpedia has tracked $1.18 billion in contributions to committees supporting or opposing the 129 statewide measures in 2020. Colorado currently ranks fourth among states with the highest ballot measure campaign contributions, behind California ($739.0 million), Illinois ($121.2 million) and Massachusetts ($61.6 million). These numbers and the total dollar-amount will continue to grow based on post-election campaign finance reports.

The most expensive ballot measure in 2020 was California Proposition 22 concerning app-based drivers and relevant labor policies. A total of $223 million was spent on the measure ($203 million by supporters and $20 million by opponents). The measure was approved.

In 2018, Ballotpedia tracked $1.19 billion in contributions to the ballot measure campaigns supporting and opposing the 167 certified 2018 measures. Campaigns supporting and opposing the 13 statewide ballot measures on the 2018 ballot in Colorado raised $70.4 million, making Colorado the state with the sixth-highest ballot measure campaign contributions in 2018. In the Ballotpedia tracking, California ballot measures were first at $369 million in contributions.

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Oklahoma voters defeat both statewide ballot measures on the November ballot

Oklahoma voters defeated State Question 805 by a vote of 61% to 39%, thereby maintaining current law that a person convicted of a non-violent felony can receive longer sentences based on past felony convictions.

Voters also defeated State Question 814, by a vote of 59% to 41%. If passed, 814 would have decreased the Tobacco Settlement Endowment Trust’s funds and would have appropriated money to the state’s Medicaid program.

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33 committees supporting and opposing Colorado’s 11 November ballot measures have raised over $48 million, spent over $45 million

Eleven statewide ballot measures are certified to appear on the November 3 ballot in Colorado. Ballotpedia identified 33 committees supporting and opposing the 11 measures. The 33 committees had raised $48,172,175.15 and had spent $45,061,423.96 according to reports due on October 19 that covered information through October 14 as well as major contributor reports available as of October 20. The next regular reports are due on November 2.

Eight of the 11 measures on the ballot were placed on the ballot through citizen petition drives and concern wolf reintroduction, abortion restrictions, citizenship requirements for voting, national popular vote, paid medical leave, gambling, and taxes. The legislature referred the others to the ballot.

The measure with the highest amount of contributions is Proposition EE, where committees supporting the measure had raised $4.3 million and the committee opposing the measure had raised $3.77 million. Proposition EE, which was referred to the ballot by the state legislature, would increase taxes on tobacco, create a tax on nicotine and vaping products, and dedicate the revenue to health and education programs.

The other top most expensive measure in Colorado in 2020 are:

  1. Colorado Proposition 115, 22-Week Abortion Ban Initiative (2020) – Support: $536,767.90; Opposition: $6,995,891.62
  2. Colorado Proposition 118, Paid Medical and Family Leave Initiative (2020) – Support: $7,203,854.56; Opposition: $705,598.29
  3. Colorado Proposition 113, National Popular Vote Interstate Compact Referendum (2020) – Support: $4,664,373.10; Opposition: $1,603,884.33

So far in 2020, Ballotpedia has tracked $918.4 million in contributions to committees supporting or opposing the 129 statewide measures in 2020. Contribution totals increase rapidly in October due to pre-election campaign finance reports. Colorado currently ranks #4 among states with the highest ballot measure campaign contributions, behind California ($547.5 million), Illinois ($110.4 million), and Massachusetts ($55.2 million).

In 2018, Ballotpedia tracked $1.185 billion in contributions to the ballot measure campaigns supporting and opposing the 167 certified 2018 measures. Campaigns supporting and opposing the 13 statewide ballot measures on the 2018 ballot in Colorado raised $70.4 million, ranking Colorado #6 among states with the highest ballot measure campaign contributions in 2018. California was #1 with $369 million.

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30 committees supporting and opposing Colorado’s November ballot measures have raised over $39 million, spent over $32 million

Eleven statewide ballot measures are certified to appear on the November 3 ballot in Colorado. Ballotpedia identified 30 committees supporting and opposing 10 of the measures. The 30 committees had raised $39,321,079.49 and had spent $32,226,098.34 according to reports due on October 5 that covered information through September 30. The next reports are due on October 19.

Eight of the 11 measures on the ballot were placed on the ballot through citizen petition drives and concern wolf reintroduction, abortion restrictions, citizenship requirements for voting, national popular vote, paid medical leave, gambling, and taxes.

The citizen-initiated measures are Amendments 76 and 77 and Propositions 113 through 118. Campaigns surrounding the citizen-initiated measures raised 77.11% of the funds ($30.3 million of the $39.3 million total) and accounted for 78% of the expenditures ($25.3 million of the $32.2 million total).

The state legislature referred a state statute to the November 2020 ballot that would increase tobacco taxes and create a new e-cigarette tax to fund various health and education programs (Proposition EE). The committees supporting Proposition EE raised $3.6 million. Opponents raised $3.5 million.

The state legislature referred two constitutional amendments: Amendment B would repeal the Gallagher Amendment and freeze current property tax assessment rates. Amendment C would amend charitable gaming requirements. Amendment B supporters raised $1.6 million, and opponents raised $202,730.

Ballotpedia did not identify committees supporting or opposing Amendment C.

The two largest contributors to 2020 ballot measure campaigns were the Sixteen Thirty Fund and the North Fund. The Sixteen Thirty fund has given $3,083,667.64 in total to Colorado Families First supporting a paid family and medical leave program and to Abortion Access for All opposing abortion restrictions. The North Fund has given $3,200,000.00 million to the same committees.

In 2018, Ballotpedia tracked $1.185 billion in contributions to the ballot measure campaigns supporting and opposing the 167 certified 2018 measures. Campaigns supporting and opposing the 13 statewide ballot measures on the 2018 ballot in Colorado raised $70.4 million, ranking Colorado #6 among states with the highest ballot measure campaign contributions in 2018. California was #1 with $369 million.

So far in 2020, Ballotpedia has tracked $872.6 million in contributions to committees supporting or opposing the 128 statewide measures. Contribution totals increase rapidly in October due to pre-election campaign finance reports. Colorado currently ranks #4 among states with the highest ballot measure campaign contributions.

Additional reading:



What statewide ballot measures will Florida voters decide on November 3?

The Florida ballot will feature six ballot measures in November. Four of them were put on the ballot through signature petition drives, and two were referred to the ballot by the state legislature.

The citizen initiatives cover topics including elections, voting, and minimum wage.

Amendment 1, sponsored by Florida Citizen Voters, would amend Florida Constitution to state that “only a citizen” of the U.S. who is 18 years old or older can vote in Florida. The Florida Constitution currently says “Every citizen of the United States who is at least eighteen years of age” can vote. Similar measures are on the 2020 ballot in Alabama and Colorado. All three measures are supported by Citizen Voters, Inc. North Dakota voters approved a similar measure in 2018.

Amendment 2 would increase the state’s minimum wage incrementally until reaching $15 per hour in September 2026. The measure is supported by Florida for a Fair Wage and is opposed by Save Our Jobs, Inc., also known as Amendment 2 Hurts You.

Amendment 3 would establish a top-two open primary system for state legislator, governor, and cabinet (attorney general, chief financial officer, and commissioner of agriculture) elections in Florida. All Voters Vote, Inc. is leading the campaign in support of Amendment 3. Opponents include the Democratic and Republican parties in Florida as well as groups such as the Florida AFL-CIO and the Florida NAACP.

Amendment 4 would require constitutional amendments to be approved by 60% of voters at two successive general elections to become effective. Currently in Florida, if 60% of voters approve an amendment at one general election, it becomes part of the constitution. Keep Our Constitution Clean sponsored the initiative. Opponents include the League of Women Voters of Florida.

The state legislature referred Amendments 5 and 6 to the November 3 ballot. Both measures concern property taxes.

Amendment 5, sponsored by Rep. Sam Killebrew (R), would extend the period during which a person may transfer “Save Our Homes” benefits to a new homestead property from two years to three years. Currently, if a person moves to a new home, they have two years to transfer their “Save Our Homes” benefit so that the new home is assessed at less than the actual market value. The amendment would increase that time period from two to three years. The Florida Revenue Estimating Conference (REC) determined that approval of the amendment would reduce local property taxes by $1.8 million beginning in the fiscal year 2021-22 and would eventually grow to a $10.2 million reduction annually.

Amendment 6, sponsored by Rep. Rick Roth (R), would allow a homestead property tax discount to be transferred to the surviving spouse of a deceased veteran. The discount would be in effect until the spouse remarries, sells, or otherwise disposes of the property. If the spouse sells the property and does not remarry, the spouse’s new primary residence may receive a homestead tax discount not exceeding the dollar amount from the most recent ad valorem tax roll. The amendment would take effect on January 1, 2021. Currently, the homestead property tax discount for veterans expires upon their death and is not extended to their spouses.

A total of 91 measures appeared on the Florida ballot between 1996 and 2018. Of the 91 measures, 75.82% of which were approved, and 24.18% were defeated. From 1996 to 2018, an average of between seven and eight measures appeared on the ballot during even-numbered years in Florida.



What statewide ballot measures will Washington voters decide on November 3?

Voters in Washington will decide six statewide ballot measures on November 3: two binding measures and four nonbinding tax advisory questions. This year is the first presidential election year since 1928 in which the Washington ballot will not feature an Initiative to the People (ITP), a citizen-initiated state statute for which groups collect signatures to qualify for the ballot.

Referendum 90:
The only citizen-initiated measure on the 2020 ballot in Washington is Referendum 90.

The Washington State Legislature passed and the governor signed Senate Bill 5395 (SB 5395) in March 2020. SB 5395 was designed to require comprehensive sexual health education in public schools. Opponents of the bill, organized as “Parents for Safe Schools,” collected signatures to place SB 5395 on the ballot and are advocating for a reject vote on the measure, which would repeal Senate Bill 5395. A vote to approve the referendum would allow SB 5395 to go into effect.

The bill is on hold pending the result of the election.
Parents for Safe Schools said, “Reject Referendum 90. Stop the early sexualization of our kids. Materials to meet the new state standards will include graphic sexual subject matter. These are decisions that should be left to parents and local communities. … [The bill is] a costly mandate at a time when school budgets are being cut. State and local budgets are facing massive deficits which threaten funding for basic programs.”

Washington State Senator Claire Wilson (D), a sponsor of the SB 5395, said, “Some people hear the words ‘sex education’ and mistake the focus of the curriculum, which is health and safety and is age-appropriate for each grade level. This is about making sure younger children know what kind of touching is inappropriate, whether by peers or predators. It’s about helping older students recognize and resist abusive or coercive behavior.”

Senate Joint Resolution 8212:
The state legislature referred Senate Joint Resolution 8212, a constitutional amendment, to the 2020 ballot. The amendment would allow the Washington Legislature to invest the Family and Medical Leave Insurance Account and the Long-Term Care Services and Supports Trust Account into stocks or other methods of investment.

Currently, the Washington Constitution prohibits the state from investing funds into stocks or other methods of investment, limiting investment capabilities of the state to government and corporate bonds and certificates of deposit. Some other funds have been made exempt from that constitutional restriction, including the following:

  • public pension and retirements funds;
  • industrial insurance trust funds; and
  • funds that benefit individuals with developmental disabilities.

Advisory Votes 32, 33, 34, and 35:

Advisory Votes 32-35 were automatically referred to the ballot as required under Initiative 960, which was passed in 2007. I-960 requires an advisory vote to be referred to voters concerning any law passed by the legislature that creates or increases taxes or fees. The outcome of the question is nonbinding and does not result in a new, changed, or rejected law. Rather, the vote serves to advise the legislature whether or not to maintain or repeal a bill they passed.

Thirty-one advisory votes have been on the statewide ballot in Washington between 2012 and 2019. Voters voted in favor of advising the legislature to maintain 10 of the bills. In the other 21 cases, voters voted to advise the legislature to repeal the bill in question.

Twelve tax advisory votes were on the ballot in 2019. Voters voted to advise the legislature to maintain three bills and repeal the other nine.

Together, the four advisory vote questions on the 2020 ballot represent bills increasing state revenue by an estimated $2 billion over 10 years.

Summaries of the measures are below:

  • Advisory Vote 32 concerns Senate Bill 5323, which was designed to levy a tax on certain carryout bags provided by retailers.
  • Advisory Vote 33 concerns Senate Bill 5628, which was designed to levy a tax on heavy equipment rentals.
  • Advisory Vote 34 concerns Senate Bill 6492, which was designed to increase the business and occupation tax rate and reduce certain surcharges.
  • Advisory Vote 35 concerns Senate Bill 6690, which was designed to increase the business and occupation tax rate on commercial airplane manufacturers.

A total of 60 measures appeared on the statewide ballot in Washington during even years from the 18-year period between 2000 and 2018. 58% (35) were approved and 42% (25) were defeated.

Additional Reading:
https://ballotpedia.org/Washington_2020_ballot_measures



Arkansas Supreme Court removes third citizen initiative from November ballot, leaving three legislative referrals for voters to decide

On September 17, the Arkansas Supreme Court removed Issue 6 from the November ballot. The referendum would have allowed voters to either repeal or uphold Act 579, which was designed to amend the definition of practice of optometry to allow optometrists to perform certain surgical procedures that were previously only performed by ophthalmologists. A yes vote on the referendum would have been a vote to uphold Act 579 while a no vote would have been a vote to repeal it.

During this cycle, the Arkansas Supreme Court removed all three citizen-initiated measures from the ballot—Issue 4, Issue 5, and Issue 6—that had been certified for the ballot. The rulings were all based on certifications filed by measure sponsors that said background checks were acquired for all signature gatherers. State law requires the certifications to state that background checks were passed by all signature gatherers.

Arkansans for Healthy Eyes led the campaign in support of a yes vote. Arkansans for Healthy Eyes supported Act 579 to allow optometrists to perform some eye surgeries. Safe Surgery Arkansas (SSA) led the campaign in support of a no vote. SSA sponsored the referendum signature petition. The group opposed allowing optometrists to perform some eye surgeries and sought to repeal Act 579. Safe Surgery Arkansas paid $661,000 to National Ballot Access, a petition circulating company, to collect signatures for the measure.

Issue 6 was removed from the ballot for the same reason that Issues 4 and 5 were removed in late August. Issue 4, sponsored by Arkansas Voters First, would have created the Citizens’ Redistricting Commission for state legislative and congressional redistricting. Arkansas Voters First paid $1.1 million to National Ballot Access, Advanced Micro Targeting, and Fieldworks LLC to collect signatures for the measure.

Issue 5, sponsored by Open Primaries Arkansas, would have (a) changed primary elections so that all candidates for an office are listed on a single primary ballot, rather than on separate partisan ballots, and (b) created a top-four ranked-choice voting system for general elections for federal congressional office, state general assembly, and statewide elected offices. Open Primaries Arkansas did not report signature gathering costs.

Under Arkansas Code § 7-9-601(b)(3), sponsors are required to certify to the secretary of state that each paid canvasser passed a state and federal criminal background check. The Arkansas Supreme Court found that proponents of the three measures failed to certify that paid signature gatherers passed background checks. The certifications submitted by petitioners stated that background checks were acquired, but did not say they were passed.

Sponsors of the referendum, Safe Surgery Arkansas, said they would pursue a new ballot measure in 2022.

Three measures remain on the November ballot in Arkansas. All three measures are constitutional amendments that were referred to the ballot by the state legislature. Issue 1 would continue a 0.5% sales tax for transportation projects; Issue 2 would change state legislative term limits; and Issue 3 would change initiative process and legislative referral requirements.

Two measures on the 2018 ballot in Arkansas were declared invalid by the state Supreme Court and votes for the measures were not counted. Similarly, in 2016, the supreme court declared two measures on the ballot to be invalid and votes were not counted.

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