Author: Jackie Mitchell

  • Sponsors of South Dakota medical marijuana initiative propose alternative implementation schedule after Gov. Noem proposed a 1-year delay

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    In November, South Dakota became the first state to vote on recreational and medical marijuana at the same election. Voters approved Initiated Measure 26 by a vote of 70% to 30% and Constitutional Amendment A by a vote of 54% to 46%. IM 26 was designed to establish a medical marijuana program in South Dakota…

  • South Dakota state House advances constitutional amendment requiring three-fifths approval for measures increasing taxes, fees or appropriating more than $10 million

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    The South Dakota House of Representatives approved House Joint Resolution 5003 on February 16 in a vote of 56-12. The measure would amend the state constitution to require a three-fifths (60%) vote for approval of any ballot measures (whether citizen-initiated or legislatively referred) that imposes or increases taxes or fees or appropriates $10 million or…

  • State court judge rules last year’s SD marijuana measure unconstitutional

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    On February 8, 2021, Hughes County Circuit Judge Christina Klinger overturned South Dakota’s 2020 marijuana legalization initiative. Klinger ruled that the measure violated the state’s single-subject rule. Klinger also ruled that the measure constituted a revision of the constitution rather than an amendment. South Dakota voters approved Amendment A by 54% to 46% on November 3. The…

  • Iowa to vote in 2022 on adding right to own and bear arms to state constitution

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    Voters in Iowa will decide in 2022 whether to add a right to own and bear firearms to the Iowa Constitution and require strict scrutiny for any alleged violations of the right brought before a court. The amendment was certified for the ballot on January 28, 2021, after having passed both chambers of the legislature.…

  • What ballot measures will voters decide in 2021?

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    As of January 21, 2021, nine statewide ballot measures were certified for the 2021 ballot in three states. Seven bond questions are certified for the March 2 ballot in Rhode Island. One bond issue is certified for the Nov. 2 ballot in Colorado. A constitutional amendment concerning redistricting is certified for the Nov. 2 ballot in New…

  • Washington initiative signature deadline passes with no campaigns submitting signatures

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    Citizens of Washington may initiate legislation as either a direct state statute—called Initiative to the People (ITP) in Washington—or indirect state statute—called Initiative to the Legislature (ITL) in Washington. In Washington, citizens also have the power to repeal legislation via veto referendum. Citizens may not initiate constitutional amendments. The signature deadline for 2021 Washington Initiatives…

  • Voters approved 62 constitutional amendments in 29 states in 2020

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    Every state but Delaware requires voters to ratify proposed changes to a state’s constitution. There are four ways that proposed constitutional amendments can be proposed and put on the ballot: Through legislatively referred constitutional amendments. Through citizen-initiated constitutional amendments put on the ballot through signature petition drives. Eighteen states allow this method of amendment. Through…

  • Signature deadline for 2021 Initiatives to the Legislature in Washington is Dec. 31

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    The signature deadline for 2021 Washington Initiatives to the Legislature (ITL) is December 31, 2020. Initiative to the Legislature is the name of indirect initiated state statutes in the state of Washington. For an ITL to be taken up by the Washington State Legislature and potentially put on the ballot in 2021, proponents must submit…

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

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    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…

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

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    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…