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North Dakota enacts a plain language requirement for ballot measure summaries

The North Dakota State Legislature passed a bill, Senate Bill 2163 (SB 2163), to require the language that voters see on a ballot for a statewide measure to be written in “plain, clear, understandable language using words with common, everyday meaning.” Gov. Doug Burgum (R) signed SB 2163 on March 23. In North Dakota, the secretary of state, in consultation with the attorney general, is responsible for writing the ballot language.

State Rep. Jorin Johnson (R-41) said, “Plain language is a way of writing that uses smaller words and shorter sentences. This helps people understand the main ideas more clearly without inflated vocabulary and convoluted sentence construction.”

State Sen. Judy Lee (R-13), who voted against the bill, said, “As one of our people who testified said, ’It’s a noble goal, but ‘readable’ is in the eye of the beholder.’ … There are no definitions for some of the words used in the bill like ‘common everyday meaning’… It’s just extremely hard to define.” In the House, the vote was 84-9. In the Senate, the vote was 27-20. 

Since 2017, Ballotpedia has scored the ballot questions of the eight statewide measures on the ballot in North Dakota using a formula called the Flesch-Kincaid Grade Level (FKGL), which is a score equivalent to the estimated number of years of U.S. education required to understand a text. Scores ranged from 11 to 21, with an average score of 16. Sixteen is equivalent to a four-year college education in the U.S. The average score between 2017 and 2022 for state ballot measures across the U.S. was 18.

SB 2163 is the 10th ballot measure law change that Ballotpedia has tracked in 2023. Earlier in March, Arkansas increased the distribution requirement for initiative petition signatures and South Dakota moved the deadline for signatures after a court struck down the previous deadline. At least 280 bills regarding ballot measures or recall policies have been introduced during the 2023 legislative session as of March 24. 

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North Dakota voters to decide an amendment changing the constitutional language used to describe certain state institutions in 2024

The North Dakota State Legislature referred a constitutional amendment to the Nov. 2024 ballot that would change the language used in the state constitution to describe certain state institutions.

Under the amendment, the following institutions would be renamed:

  • the State School for the Deaf and Dumb in Devils Lake would become the state School for the Deaf and Hard of Hearing;
  • the State Hospital for the Insane in Jamestown would become the State Hospital for the Care of Individuals with Mental Illness; and
  • the Institution for the Feeble-Minded in Grafton would become “a facility for individuals with developmental disabilities.”

State Rep. Kathy Frelich (R), who works at the school for the deaf in Devils Lake, sponsored the amendment. Frelich said, “At one time, ‘dumb’ may have referred to someone who was mute. But this is not what we think of now when we use that term.”

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the North Dakota State Senate and the North Dakota House of Representatives. The amendment, Senate Concurrent Resolution 4001, was approved unanimously in the Senate on Jan. 17 and unanimously in the House on March 22.

From 1996 through 2022, the state legislature referred 37 constitutional amendments to the ballot. Voters approved 24 and rejected 13 of the referred amendments. The average number of amendments appearing on the ballot was about three. The approval rate of referred amendments at the ballot box was 64.9% from 1996 through 2022. The rejection rate was 35.1%.

As of March 22, 20 statewide ballot measures have been certified for the ballot in 10 states for elections in 2024.

From 2010 to 2022, the average number of statewide ballot measures in an even-numbered year was 161.

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Utah governor signs bill for new state flag, veto referendum filed to stop it

Utah Gov. Spencer Cox (R) signed Senate Bill 31, a bill to establish a new state flag, on March 21, 2023. The new flag will go into effect on March 9, 2024.

The current state flag, which was adopted on March 9, 1911, will be referred to as the historic state flag.

Cox said, “As governor, I am proud to issue today an executive order requiring that the current state flag be flown at the Capitol at all times and at all state buildings on certain holidays and special occasions. I am further requesting that, during an upcoming session, the Legislature amend SB 31 to require the historic state flag be flown above the new state flag when the two flags are flown together. This will ensure that the historic flag will remain a symbol of our history and strength.”

The campaign 2023 Utah Flag Referendum filed a veto referendum targeting Senate Bill 31 on March 6, 2023. To put the measure on the 2024 ballot, signatures from 8% of active voters as of Jan. 2023 (134,298 valid signatures) are due on April 12, 2023. If enough signatures are submitted, the bill will be on hold and the question of whether or not to adopt a new state flag will be decided by voters on Nov. 5, 2024.

Chad Saunders, the lead sponsor of the referendum, said, “I feel that sometimes legislators stop listening to the citizens that voted them into office. I feel that happened with SB31. They made a mistake. We’re here to remind them of that.”

Four veto referendums have appeared on the ballot in Utah: two in 1954, one in 1975, and most recently in 2007. In all cases, the referendum efforts resulted in the targeted law being repealed.

In 2020, voters in Mississippi decided on a statewide ballot measure to select a new state flag. The measure was placed on the ballot by the Mississippi State Legislature. At the election on Nov. 3, 2020, Mississippi voters were shown a colored picture of the new proposed state flag, named the In God We Trust Flag. Voters approved adopting the new state flag.

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South Carolina legislature considers amendment to appoint rather than elect state comptroller

Welcome to the Friday, March 24, Brew. 

Here’s what’s in store for you as you start your day:

  1. South Carolina legislature considers amendment to appoint rather than elect state comptroller
  2. Recall effort against New Orleans mayor fails to qualify for the ballot
  3. #FridayTrivia: How many vetoes has Congress overridden in U.S. history?

South Carolina legislature considers amendment to appoint rather than elect state comptroller

South Carolina legislators are considering a constitutional amendment to make the state’s comptroller general appointed by the governor rather than elected. 

If passed with a two-thirds majority in both chambers, the amendment would appear on the 2024 ballot for voter approval, where it would require a simple majority to become law.

South Carolina is one of 19 states with a comptroller, also known as a controller, a state-level financial officer, and one of nine states that elect its comptroller directly. Most comptrollers share duties similar to state treasurers, exercising powers related to budgetary and management matters.

South Carolina’s current comptroller, Richard Eckstrom (R), was first elected in 2002 and has been re-elected five times. Eckstrom ran unopposed in 2018 and 2022, and last faced a contested Republican primary in 2010.

South Carolina’s government is one of 22 with a Republican trifecta. The party currently controls the governorship and holds a 30-15-1 majority in the Senate and an 88-36 majority in the House.

South Carolina voters rejected an amendment to make the state superintendent an appointed, rather than elected, position in 2018, with 60% opposed.

In 2012, 56% of voters approved an amendment allowing gubernatorial candidates to select their lieutenant gubernatorial running mates. Previously, voters had elected both offices separately.

If the comptroller amendment makes it onto the 2024 ballot and is approved, the position would become appointed after the current comptroller’s term expires. Eckstrom’s term will expire in 2027.

In general, state financial officers—including treasurers, auditors, and comptrollers—are responsible for auditing other government offices, managing payroll, and overseeing pensions. In some states, these officers also invest state retirement and trust funds.

State financial officers are part of the debate over environmental, social, and corporate governance (ESG), an approach to investing and corporate decision-making. If you’d like to learn more about the political and economic debates around ESG, subscribe to Economy and Society, our weekly newsletter that delivers information on the growing intersection of business and politics.

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Recall effort against New Orleans mayor fails to qualify for the ballot

Last week, we brought you an update from New Orleans regarding the effort to recall Mayor LaToya Cantrell (D).

On March 21, Gov. John Bel Edwards (D) announced the effort failed, saying recall supporters had submitted 27,219 valid signatures, around 18,000 fewer than the 44,976 needed.

That signature threshold—44,976—was subject to debate throughout the process. Heading into 2023, the signature requirement was 49,975. 

But on March 1, Secretary of State Kyle Ardoin (R) and recall supporters announced a consent judgment, revising the number of registered voters in Orleans Parish from 249,876 to 224,876, lowering the signature requirement to its 44,976 level.

Following Bel Edward’s announcement, Cantrell said, “[W]ith the divisiveness of the failed recall campaign officially behind us, we must heal and recommit ourselves to working collaboratively to continue the progress we’ve made.”

Recall supporters said, “The efforts of the recall have only just begun … We are exploring all legal options at this time … We will continue to demand accountability from our elected officials.”

It is uncommon for recall efforts against mayors in the country’s 100 most populous cities to make it onto the ballot.

Since 2010, Ballotpedia has tracked 44 such recall efforts, including Cantrell’s. Forty-two efforts failed to make the ballot.

Of that list, only one, in Omaha, went to a vote in 2011, where Mayor Jim Suttle retained his position with 51% of the vote. The other, in 2013, ended because San Diego Mayor Bob Filner resigned.

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#FridayTrivia: How many vetoes has Congress overridden in U.S. history?

In the Wednesday Brew, we told you about President Joe Biden’s (D) veto on March 20, the first veto of his presidency. When the president vetoes a bill, Congress can override it and enact the law with a two-thirds vote in both chambers. While this week’s veto was Biden’s first, presidents have issued 2,585 vetoes in total.

How many vetoes has Congress overridden in U.S. history?

  1. 487 (19%)
  2. 298 (12%)
  3. 49 (2%)
  4. 112 (4%)


Ballotpedia’s Candidate Connection survey: Texas roundup

Texas is holding elections, including for municipal offices, on May 6, 2023. A number of candidates running in these elections completed Ballotpedia’s Candidate Connection survey. These survey responses allow voters to hear directly from candidates about what motivates them to run for office.

Below is a selection of responses from the candidates who filled out the survey as of March 21. To read each candidate’s full responses, click their name at the bottom of the article.

Incumbent Alan Blaylock (nonpartisan) is running for Fort Worth City Council District 10 and the general election is on May 6. Here’s how Blaylock responded to the question: Please list below 3 key messages of your campaign. What are the main points you want voters to remember about your goals for your time in office?

“Reducing Property Taxes, Public Safety, Improving Roads.”

Click here to read the rest of Blaylock’s answers. 

Natalie Carter (nonpartisan) is running for Humble Independent School District school board Position 7and the general election is on May 6. Here’s how Carter responded to the question: What areas of public policy are you personally passionate about?

“In the current political environment, candidates often rely on ideals- based on political affiliation, religious beliefs, environment, etc.-instead of providing ideas to solve the problems we face as a community. Our schools face the same obstacles, no matter where you are or where you come from; that is why it is so important that we expect more from our candidates at every level. The real value of a candidate is their ability to turn their words into actions.”

Click here to read the rest of Carter’s answers. 

Jarrett Lipman (nonpartisan) is running for San Antonio City Council District 9 and the general election is on May 6. Here’s how Lipman responded to the question: What areas of public policy are you personally passionate about?

“Education, Water Management, Public Safety, Infrastructure, and Urban and Regional Planning.”

Click here to read the rest of Lipman’s answers. 

Christopher Schuchardt (nonpartisan) is running for mayor of San Antonio and the general election is on May 6. Here’s how Schuchardt responded to the question: What areas of public policy are you personally passionate about?

“Economy. Law and Order.”

Click here to read the rest of Schuchardt’s answers. 

Amanda Smith (nonpartisan) is running for Northwest Independent School District school board Place 5 and the general election is on May 6. Here’s how Smith responded to the question: What areas of public policy are you personally passionate about?

“School [safety], keeping great teachers, and school funding.”

Click here to read the rest of Smith’s answers. 

Joel Solis (nonpartisan) is running for San Antonio City Council District 10 and the general election is on May 6. Here’s how Solis responded to the question: What areas of public policy are you personally passionate about?

“Infrastructure.”

Click here to read the rest of Solis’ answers. 

If you’re a Texas candidate or incumbent, click here to take the survey. The survey contains over 30 questions, and you can choose the ones you feel will best represent your views to voters. If you complete the survey, a box with your answers will display on your Ballotpedia profile. Your responses will also populate the information that appears in our mobile app, My Vote Ballotpedia.

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All candidates for Madison Common Council District 3 complete Ballotpedia’s Candidate Connection survey

Both of the candidates running in the April 4, 2023, general election for Madison Common Council District 3 — Matt Van Eperen (nonpartisan) and Derek Field (nonpartisan) — completed Ballotpedia’s Candidate Connection survey. These survey responses allow voters to hear directly from candidates about what motivates them to run for office.

Here are the candidates’ responses to the question: Please list below 3 key messages of your campaign. What are the main points you want voters to remember about your goals for your time in office?

Matt Van Eperen:

“Housing Affordability / Security. As our city (and county) continue to grow, we need to ensure that there is sufficient housing inventory and that such inventory is affordable. Currently, Madison is facing a crisis as there is low total housing inventory, and affordable housing is even more scarce. We need to ensure folks that want to live here can.

Public Safety / Justice. While Madison is generally ranked high on the safest places to live, that does not mean we shouldn’t focus on criminal behavior or the underlying factors that put public safety at risk. We need to build trust and engagement between community and law enforcement, ridding the city of bad policing tactics but ensuring that law enforcement has the tools it needs to work with the community towards the goal of safety. We also need to examine underlying causes of crime (e.g. mental health, food security) and other non-criminal public safety risks (e.g. transportation, environment).

Economic & Social Mobility / Equity. We need to support good jobs at fair wages. We need to ensure equitable access by small businesses to the resources it may need to grow, and remove barriers to small business growth. The city’s budget should reflect diverse needs and not create further disparities between folks in our community.”

Derek Field:

“Madison is experiencing a housing crisis that we all feel impacting our household budgets. The supply of homes and apartments doesn’t meet the demand for housing, pushing prices far too high, far too quickly. I support responsible development and zoning tools that will bring more housing options to Madison – including options at lower price points.

Public trust in the safety of our water supply is essential. With PFAS and other contaminants being found in our public wells, we must be diligent in adding treatment systems and other infrastructure upgrades that protect the health and safety of our drinking water supply. We cannot afford to take this essential natural resource for granted.

Residents around the district are increasingly concerned about traffic safety where we see high speeds and dangerous driving behavior on our main roads through Far East Side neighborhoods. I support measures that will slow these drivers down, including traffic safety improvements like radar speed signs, redesigned intersections, and speed bumps. Our neighborhood roads must be safe for pedestrians, bikers, and drivers.”

Click on the candidates’ profile pages below to read their full responses to this and other questions.

We ask all federal, state, and local candidates with profiles on Ballotpedia to complete a survey and share what motivates them on political and personal levels. Ask the candidates in your area to fill out the survey.

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All candidates for Denver City Council District 5 complete Ballotpedia’s Candidate Connection survey

Both of the candidates running in the April 4, 2023, general election for Denver City Council District 5 — Incumbent Amanda Sawyer (nonpartisan) and Michael Hughes (nonpartisan) — completed Ballotpedia’s Candidate Connection survey. These survey responses allow voters to hear directly from candidates about what motivates them to run for office.

Here are the candidates’ responses to the question: Please list below 3 key messages of your campaign. What are the main points you want voters to remember about your goals for your time in office?

Sawyer:

“Solutions for a Safer City: As a parent, I understand the challenges that have led many Denver families to move to the suburbs, like our crime rates and traffic concerns. Over my first term, I have worked hard to implement solutions to these challenges, and I’m proudly endorsed by the Denver Police and Denver Firefighters. In my next term, I will continue to address neighborhood and transportation safety issues in District 5.

Thoughtful About Development: Denver is going to continue to grow, but we need to be thoughtful about our City planning and the consequences those decisions have on our neighborhoods. I’ll continue to vote only for smart housing solutions that fit Denver’s needs, and continue to use tools like legislative rezonings to ensure thoughtful growth in District 5 with an eye to maintaining the unique character of our neighborhoods.

Representing Your Voice: I have earned a reputation as a fair and collaborative Councilmember who is willing to listen to all sides. I have consistently represented your voice through my votes, been responsive to your outreach, and explained the reasons for my decisions. We may not always agree, but you will always know where I stand and why. I’ll continue to find solutions to Denver’s challenges in the next four years.”

Hughes:

“To have a representative who will engage everyone in the community respectfully to work together, solve problems and move Denver forward

Denver needs housing that current and future residents can afford – in places where we have the infrastructure to build without increased congestion

Civility, inclusion, representation, and true engagement are the skills of my profession; it’s time to bring these to the work that lies ahead for the mayor and council.”

Click on the candidates’ profile pages below to read their full responses to this and other questions.

We ask all federal, state, and local candidates with profiles on Ballotpedia to complete a survey and share what motivates them on political and personal levels. Ask the candidates in your area to fill out the survey.

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Governor Kathy Hochul (D) issues two executive orders from March 13-19

New York Gov. Kathy Hochul (D) issued two executive orders from March 13-19. As of March 19, Hochul has issued nine executive orders in 2023 — five fewer than she did at this point a year ago.

  • Executive Order 27, where the governor declared a state disaster emergency for 37 counties affected by a winter storm.
  • Executive Order 3.18, where the governor extended a state disaster emergency due to gun violence.

Governors use executive orders to manage executive branch operations. During the week of March 13-19, the nation’s governors issued 25 executive orders. Florida Gov. Ron DeSantis (R) issued the most with nine. Governors in 39 states issued the fewest with zero. Democratic governors issued 13 of the 25 orders, while Republican governors issued 12.

Hochul has served as governor since Aug. 24, 2021. She issued 64 executive orders in 2022 and 25 in 2021. Nationally, governors issued at least 1,559 executive orders in 2022. Governors have issued 345 executive orders in 2023. Republican governors issued 210, while Democratic governors issued 135. New York is a Democratic trifecta, meaning Democrats control the governorship and both chambers of the state legislature.

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Governor Ron DeSantis (R) issues nine executive orders from March 13-19

Florida Gov. Ron DeSantis (R) issued nine executive orders from March 13-19. As of March 19, DeSantis has issued 58 executive orders in 2023 — 16 fewer than he did at this point a year ago. Three of nine executive orders are below:

  • Executive Order Number 23-54, where the governor assigned Brian Kramer as state attorney for the case involving Thomas Frank Clark in the Fourth Judicial Circuit of Florida.
  • Executive Order Number 23-55, where the governor extended the assignment of Susan Lopez as state attorney for the case against Daniel Michael Farris in the Sixth Judicial Circuit of Florida.
  • Executive Order Number 23-58, where the governor amended Executive Order 22-148 to include a citation for failure to register a vehicle. He also reaffirmed the newly amended order.

Governors use executive orders to manage executive branch operations. During the week of March 13-19, the nation’s governors issued 25 executive orders. DeSantis issued the most with nine. Governors in 39 states issued the fewest with zero. Democratic governors issued 13 of the 25 orders, while Republican governors issued 12.

DeSantis has served as governor since Jan. 8, 2019. He issued 272 executive orders in 2022 and 246 in 2021. Nationally, governors issued at least 1,559 executive orders in 2022. Governors have issued 345 executive orders in 2023. Republican governors issued 210, while Democratic governors issued 135. Florida is a Republican trifecta, meaning Republicans control the governorship and both chambers of the state legislature.

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Governor Roy Cooper (D) issues two executive orders from March 13-19

North Carolina Gov. Roy Cooper (D) issued two executive orders from March 13-19. As of March 19, Cooper has issued five executive orders in 2023 — seven fewer than he did at this point a year ago.

  • Executive Order No. 278, where the governor directed and authorized the director of the Office of State Human Resources to emphasize in job postings that experience can replace formal education.
  • Executive Order No. 279, where the governor directed the North Carolina Department of Public Safety to establish the North Carolina Office of Violence Prevention.

Governors use executive orders to manage executive branch operations. During the week of March 13-19, the nation’s governors issued 25 executive orders. Florida Gov. Ron DeSantis (R) issued the most with nine. Governors in 39 states issued the fewest with zero. Democratic governors issued 13 of the 25 orders, while Republican governors issued 12.

Cooper has served as governor since Jan. 1, 2017. He issued 31 executive orders in 2022 and 58 in 2021. Nationally, governors issued at least 1,559 executive orders in 2022. Governors have issued 345 executive orders in 2023. Republican governors issued 210, while Democratic governors issued 135. North Carolina is a divided government, meaning neither party holds trifecta control.

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