On Jan. 13, 2022, Alaskans for Better Government submitted about 56,200 signatures for the ballot initiative. The ballot initiative would provide for formal state recognition of federally recognized American Indian tribes in Alaska.
Alaska has a signature distribution requirement, which requires that signatures equal to 7% of the vote in the last general election must be collected in each of three-fourths of the 40 Alaska House of Representatives districts. The campaign reported that signatures were collected from each of the 40 legislative districts. To qualify for the ballot, 36,140 of the signatures must be valid. Signatures needed to be submitted before the Alaska State Legislature convenes on Jan. 18, 2022. If the lieutenant governor certifies enough signatures as valid, the legislature can approve the indirect initiative or equivalent legislation, keeping the measure off the ballot. If the legislature does not enact the initiative, it will appear on the November 2022 ballot.
Alaskans for Better Government said, “This would create a long overdue permanent government-to-government relationship between the State and our Alaska Native Tribes. The math is quite simple: 1 + 1 = 2. With a respectful partnership we’ll have more ways to enhance the lives of Alaskans by streamlining services; partnering to amplify federal and state funding for deep, sustainable, and long-term impact; and tapping in to the 10,000 plus years of Indigenous brilliance, diversity, and knowledge of our Native homelands that so many now call home. The basis of any good relationship is respect, and too often when sovereign governments cannot work together our Tribal peoples disproportionately bear the price of injustice, diminishing equity, liberty, and freedoms for all.”
According to campaign finance reports covering information through Jan. 7, 2022, the Alaskans for Better Government campaign had raised $622,092 and has spent $485,759. The top donors were the Sixteen Thirty Fund ($500,000) and Tides Advocacy ($100,000).
Attorney General Treg Taylor (R) issued a review of the ballot initiative, stating that “[i]t is not clear whether the state recognition… would have any legal effect on the relationship between tribes and the State.” Taylor also noted that Legislative Legal Services analyzed a similar bill, concluding that “the bill would not have any legal effect, because the United States and Alaska Supreme Courts have already held that federally recognized tribes are sovereign entities.”[3] Richard Chalyee Éesh Peterson, President of the Central Council of Tlingit and Haida Indian Tribes of Alaska, said, “As we try to build communities, build a better Alaska, it’s about relationships. And so the fact that the state of Alaska doesn’t recognize us currently is kind of a barrier in the building blocks, right? So that’s what it really comes down to.”
From 2000 to 2020, 45 statewide measures have been on the ballot in Alaska. Of the 45 measures, 22 were approved (48.89%) and 23 were defeated (51.11%).
On Jan. 10, the Austin City Clerk announced that an initiative to decriminalize marijuana and prohibit no-knock warrants had qualified for the ballot. Proponents submitted over 20,000 valid signatures meeting the required number to appear on the local ballot. The clerk used a random sampling method of 25% of signatures submitted or 8,334 raw signatures to determine the signature validity of the petition. The signature validity rate according to the random sampling was 70.5%.
The city council now has 10 days to adopt the proposed charter amendment outright or vote to send it to the May 7 ballot.
The campaign, Ground Game Texas, announced they had collected nearly 35,000 signatures in November 2021. Mike Siegel, political director of Ground Game Texas, said, “With the certification of the Austin Freedom Act, voters in Austin will soon have the ability to use their vote to end the criminalization of cannabis in their community and eliminate the dangerous practice of no-knock warrants by Austin police.”
Chapter 1 of the proposed initiative would prohibit Austin police from issuing any citations or making any arrests for misdemeanor marijuana possession offenses, so long as the offenses are not involved in the investigation of a narcotics-related case designated as a high priority or a violent felony case. Austin police officers would be able to seize marijuana if they have probable cause to believe that an individual possesses it, but they must write up a full report and are not permitted to detain the individual if marijuana possession is the sole charge. The initiative would also prohibit police officers from issuing citations for possessions of drug residue or paraphernalia.
Chapter 2 of the proposed initiative would prohibit Austin police from requesting, executing, or participating in a no-knock search warrant. The initiative would define a no-knock search warrant as “any search warrant that does not require the officer to knock and announce their presence and wait at least 15 seconds prior to execution.”
Supporters of the initiative include former U.S. Housing and Urban Development Secretary Julián Castro, gubernatorial candidate and former U.S. Rep. Beto O’Rourke (D), former State Rep. Wendy Davis (D), Austin City Councilmember Greg Casar (D), and Austin City Councilmember Vanessa Fuentes (Nonpartisan).
Since 2020, Ballotpedia has tracked 32 notable local police-related ballot measures. In 2020, voters approved 20 local police-related ballot measures in 10 cities and four counties within seven states. Two were overturned after the election. In 2021, voters approved seven of 12 local police-related ballot measures in 10 cities and one county within nine states. Among the approved measures was a ban on no-knock warrants in Pittsburgh that was approved with 81.16% of the vote.
On Dec. 20, Ballotpedia published its year-end analysis of the 202 local ballot measures across 27 states in the 100 largest U.S. cities and state capitals. Ballotpedia’s year-end report breaks down the measures by type, by state, by topic, by outcome, and by election date. Here are some highlights from the report:
There were 202 local measures on the ballot for voters in the top 100 largest cities and state capitals in the U.S. in 2021.
141 (69.8%) were approved, and 61 (30.2%) were defeated.
Ballotpedia covered local ballot measures in 27 states in 2021. Texas (44 measures – 21.7%), Colorado (21 measures – 10.4%), and New Mexico (16 measures – 7.9%) were the three states with the most local measures covered.
Local measures were on the ballot in the top 100 cities and state capitals on 13 different election dates in 2021. Nov. 2 had the largest number of local measures with 137 (67.8%).
Ballotpedia covered 12 notable police-related local ballot measures in 2021. Seven measures were approved, and five were defeated.
69 of the local measures were bond issues, and 55 were tax measures.
13 measures were related to elections, campaigns, and voting policy.
31 (15.4%) of the measures were citizen-initiated measures placed on the ballot through signature drives. The remaining 171 (84.7%) were referred to the ballot by local legislative bodies, such as county boards, city councils, school boards, special district boards, and charter revision commissions.
Florida Education Champions, sponsors of a sports betting initiative, have submitted 194,287 valid signatures as of Dec. 17.
The measure would authorize sports betting at sports venues, pari-mutuel facilities, and online in Florida. The Florida State Legislature would need to pass legislation to implement the constitutional amendment such as providing for licensing, regulation, consumer protection, and taxation. The amendment would require all online sports betting tax revenue to be dedicated to the Educational Enhancement Trust Fund of the Department of Education. Online sports betting could be conducted by (a) Native American tribes and (b) entities that have existed for at least one year and that have conducted sports betting in at least 10 other states. Such entities could begin conducting sports betting no later than eight months after the amendment is effective. Other entities or organizations could conduct sports betting no sooner than 20 months after the amendment is effective if authorized by state law.
Florida Voters in Charge, sponsors of a casino gaming expansion initiative, had submitted 282,529 valid signatures as of Dec. 17. The initiative would expand casino gaming in Florida by allowing businesses with active cardroom licenses to offer casino gaming as long as they are (a) located 130 miles in a straight line away from any of the seven Seminole tribal casinos and (b) expend $250 million in capital investments (new development and construction costs on the gaming complex) within three years after submitting a notice of commencement of casino gaming.
To qualify for the 2022 ballot, campaigns must submit 891,589 valid signatures. Initiative signatures must be verified by February 1, 2022, and must be submitted to county officials long enough before that date to allow for the verification process. County supervisors of elections have a maximum of 30 days to verify signatures and submit them to the secretary of state. Campaigns are targeting Dec. 30 as their final signature submission date. Florida also has a signature distribution requirement, which requires that signatures equaling at least 8% of the district-wide vote in the last presidential election be collected from at least half (14) of the state’s 27 congressional districts.
Proposed measures are reviewed by the state attorney general and state supreme court after proponents collect 25% of the required signatures across the state in each of one-half of the state’s congressional districts (222,898 signatures for 2022 ballot measures). After these preliminary signatures have been collected, the secretary of state must submit the proposal to the Florida Attorney General and the Financial Impact Estimating Conference (FIEC). The attorney general is required to petition the Florida Supreme Court for an advisory opinion on the measure’s compliance with the single-subject rule, the appropriateness of the title and summary, and whether or not the measure “is facially valid under the United States Constitution.” So far, only Florida Voters in Charge have met the signature requirement to qualify for this review.
According to campaign finance reports covering through Nov. 30, $100.27 million had been raised by committees surrounding the initiatives. Florida Voters in Charge, sponsors of the initiative to expand casino gaming, reported $28.06 million in contributions. Las Vegas Sands Corp gave $27.06 million and Poarch Creek Band of Indians gave $1 million. The committee reported expenditures totaling $27.45 million.
Florida Education Champions, sponsors of the sports betting initiative, reported $37.09 million in contributions ($22.7 million from DraftKings and $14.38 million from FanDuel) and $26.77 million in expenditures.
Standing up for Florida registered to oppose both initiatives. The Seminole Tribe of Florida gave $10 million to the committee. Seminole Gaming gave $10 million to another committee, Voters in Control, which then gave that $10 million to Standing up for Florida.
Politico reported on November 29, 2021, that the Seminole Tribe of Florida was “paying petition gathering firms to not work in Florida during the 2022 midterms as part of an effort to block rival proposed gaming constitutional amendments — a strategy that also includes running a separate informal signature gathering operation and hiring workers that interfere with other petition gatherers.”
Seminole spokesperson Gary Bitner said the tribe “assembled the best team of political consultants in the country [and is] currently engaged to oppose multiple outside interests that have initially invested a combined $60 million in PAC money to hire more than a thousand people to fight the Tribe’s success.”
Las Vegas Sands (donors to Florida Voters in Charge, supporters of the casino expansion initiative) filed a lawsuit asking a judge to order the Seminole Tribe to stop the petition blocking effort, but later withdrew their request for an emergency injunction, saying, “We will not allow any distractions, legal maneuvers or the tribe’s egregious blocking tactics to distract us from that mission. Therefore, we have decided to withdraw our request for an emergency injunction so our team members can remain focused on gathering signatures and not be held up in the courtroom. With our effort reaching this critical stage and our signature gathering progress in full swing, we will not be deterred by legal maneuvers seeking to bring our on-the-ground team members out of the field and tie them up in legal proceedings.”
The Florida State Legislature referred two constitutional amendments to the 2022 ballot. One would abolish the Florida Constitution Revision Commission and the other would allow the state legislature to pass laws prohibiting taking flood resistance improvements into account when calculating a property’s assessed value for property tax purposes.
A total of 78 measures appeared on the Florida statewide ballot between 2000 and 2020, including six measures that appeared on the statewide ballot in odd-numbered years. Of the measures, 71.79% (56 of 78) were approved by voters and 28.21% (22 of 78) were defeated. From 2000 to 2020, an average of about seven measures appeared on the ballot during even-numbered years in Florida.
On Dec. 17, Ballotpedia published its year-end analysis of the 39 statewide ballot measures voters decided in 2021. Voters in nine states approved 26 measures and defeated 13 on four different election dates. The year-end analysis drills down into the types and origins of the measures, the outcomes, campaign finance and signature-gathering costs, and ballot language readability. It also provides historical context on all of these details.
Here are some highlights from the analysis:
There were more statewide measures in 2021 than in any odd-numbered year since 2007. On average, there have been 33 in eight states during odd-numbered years since 2011.
State legislatures referred 32 questions to the ballot, of which, voters approved 25 and rejected seven.
Four citizen initiatives were on the ballot in 2021. Three were in Colorado and were all defeated. One was in Maine and was approved.
In 2021, statewide ballot measure campaigns raised $107 million. Support and opposition campaigns for Maine Question 1 raised $99.62 million, which was 93% of the total contributions across statewide measures.
The campaign opposing Maine Question 1 spent $448.61 for every vote against the measure, which is the highest cost per vote (CPV) of any statewide ballot measure campaign since at least 2016.
In total, the campaigns behind the three initiatives in Colorado spent $3.33 million on signature gathering, amounting to an average cost per required signature of $8.42.
The average Flesch-Kincaid Grade Level readability score for the ballot titles of all 39 statewide ballot measures was 18 (second-year graduate school reading level).
On Dec. 6, the El Paso County, Colorado, Elections Department announced the conclusion of a recount on a Colorado Springs School District bond measure, Issue 4B.
Issue 4B failed by 11 votes with 27,476 votes against and 27,465 votes in favor. It would have authorized the district to issue $350 million in bonds for school facility construction and capital improvements.
Issue 4B was the last measure to be called out of the 156 local ballot measures Ballotpedia covered in 18 different states on Nov. 2. Voters approved 109 measures and defeated 47.
Highlights from the local ballot measure results on Nov. 2 include:
Voters in Austin, Texas, defeated an initiative to establish minimum police staffing requirements resulting in the city having to hire additional police officers. The initiative was also designed to require additional police officer training and create certain police hiring guidelines and incentives.
Voters in Minneapolis defeated an initiative to replace the city police department with a department of public safety.
Voters in Cleveland approved an initiative to make changes related to police oversight, discipline, and policies.
Voters in Albany, New York, approved a measure to give the existing Community Police Review Board more authority over investigation and oversight over complaints against police.
Voters in Detroit, Michigan, approved a measure to create a city reparations committee tasked with making recommendations for housing and economic development programs for Black Detroit residents.
Voters in Broomfield, Colorado; Ann Arbor, Michigan; and Westbrook, Maine, approved measures to enact ranked-choice voting.
On Dec. 17, Ballotpedia will publish its year-end analysis of all 2021 local ballot measures in the top 100 largest cities and state capitals. This includes local measures that were on the ballot for more than 20 pre-November election dates. Notable topics among local measures this year included
police oversight, budgets, structure, practices, and collective bargaining;
race and ethnicity;
minimum wage;
election policies, including ranked-choice voting and campaign finance;
Colorado voters will decide in 2022 whether to decrease the state income tax rate from 4.55% to 4.40%
The initiative would decrease the state income tax rate from 4.55% to 4.40% for tax years commencing on or after January 1, 2022. The measure would also reduce the tax rate for domestic and foreign C corporations operating in Colorado from 4.55% of Colorado net income to 4.40%.
Proponents submitted 215,365 signatures on October 29, 2021. On November 18, 2021, the Colorado Secretary of State found through a random-sample method that 148,189 signatures were projected to be valid. To qualify for the 2022 ballot, 124,632 needed to be valid.
Jon Caldara of the Independence Institute and Republican State Senator Jerry Sonnenberg filed the initiative. The Independence Institute describes itself as a free-market think tank with a mission to “empower individuals and to educate citizens, legislators and opinion makers about public policies that enhance personal and economic freedom.” Colorado Character registered as an issue committee to support the initiative. According to campaign finance reports covering information through Oct. 27, 2021, the committee raised $500,000 ($250,000 each from Colorado Rising Action and Defend Colorado). The committee reported expenditures totaling $444,558, of which $444,515.95 was paid to Blitz Canvassing for signature collection.
In 2020, Colorado voters approved Proposition 116, also filed by Jon Caldara of the Independence Institute and State Sen. Jerry Sonnenberg (R). The initiative decreased the state income tax rate for individuals, estates, and trusts from 4.63% of federal taxable income to 4.55% for tax years commencing on and after Jan. 1, 2020. The measure also reduced the tax rate for domestic and foreign C corporations operating in Colorado from 4.63% of Colorado net income to 4.55%. It was approved by a vote of 57.86% to 42.14%. Two committees led the campaign in support of Proposition 116 in 2020: Energize our Economy (306 Real Fair Tax) and Americans for Prosperity Colorado Issue Committee. Together, the committees reported $1.55 million in contributions. The top three donors (which gave 99.64% of the total contributions) were Unite for Colorado, Independence Institute, and Colorado Rising State Action. Protect Colorado’s Recovery and Fair Tax Colorado registered to oppose the measure. The committees reported $3.19 million in contributions. The top donor was the North Fund, which provided $750,000.
Prior to 1987, the individual income tax rates in Colorado were graduated, meaning those with higher incomes paid higher tax rates and those with lower incomes paid lower rates. 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. According to the Colorado Legislative Council Staff, the rates were lowered to “reduce the TABOR surplus.”
From 2000 through 2018, an average of about nine measures appeared on the statewide ballot in Colorado during even-numbered years. The approval rate for measures on the ballot in even-numbered years was about 41%. In 2020, a total of $7,351,906.29 was spent on signature collection for the eight initiatives that appeared on the ballot.
On Saturday, Louisiana voters approved one constitutional amendment and defeated three.
Voters approved Amendment 2, which decreased the maximum allowable individual income tax rate from 6% to 4.75% for tax years beginning in 2022. Through House Bill 278, the legislature provided in statute that the tax bracket rates beginning in 2022 for an individual would be 1.75% on the first $12,500 of net income; 3.50% on the next net income up to $50,000; and 4.25% on income above $50,000.
Voters rejected Amendments 1, 3, and 4. Amendment 1 would have created the State and Local Streamlined Sales and Use Tax Commission tasked to provide streamlined electronic filing and remittance of all sales and use taxes. Amendment 3 would have allowed Louisiana levee districts created after 2006 to levy an annual property tax of up to five mills ($5 per $1,000 of assessed value) without voter approval if those districts approved the 2021 constitutional amendment. Amendment 4 would have increased the amount of funds (from 5% to 10%) that can be redirected to a purpose other than what was originally provided for by law or as stated in the constitution during a projected budget deficit.
With 100% of precincts reporting, the vote totals were as follows:
Louisiana Amendment 1, Creation of the State and Local Streamlined Sales and Use Tax Commission Measure (2021)–
Yes: 199,291 (48%)
No: 214,432 (52%)
Louisiana Amendment 2, Reduction of the Maximum Individual Income Tax Rate Measure (2021)-
Yes: 223,269 (54%)
No: 189,973 (46%)
Louisiana Amendment 3, Authorize Certain Levee Districts to Collect a Five-Mill Annual Property Tax Measure (2021)-
Yes: 172,545 (42%)
No: 237,605 (58%)
Louisiana Amendment 4, Increase Limit on Funding Reductions and Redirections During Budget Deficits Measure (2021)-
Yes: 112,930 (28%)
No: 294,375 (72%)
The Louisiana Constitution limits legislation and constitutional amendments in odd-numbered years to matters concerning the state’s budget, government finance, and taxation.
A total of 52 constitutional amendments appeared on the statewide ballot in Louisiana during odd-numbered years from 1999 through 2019. Of the 52 amendments, 36 (69.23%) were approved and 16 (30.77%) were defeated.
South Dakotans Decide Healthcare submitted 47,000 signatures for their Medicaid expansion initiative on Nov. 8, 2021, the deadline for initiated constitutional amendment petitions in South Dakota. To qualify for the ballot, 33,921 valid signatures are required.
The measure would amend the constitution to require the state to provide Medicaid benefits to adults between 18 and 65 with incomes below 133% of the federal poverty level. Because the Affordable Care Act (ACA) includes a 5% income disregard, this measure would effectively expand Medicaid to those with incomes at or below 138% of the federal poverty level.
The ACA, also known as Obamacare, was signed into law on March 23, 2010. The ACA provided for the expansion of Medicaid to cover all individuals earning incomes up to 138% of the federal poverty level, which amounted to $17,236 for individuals in 2019. The law was designed to provide 100% of funding to cover the new recipients for the first three years and to cut off federal Medicaid funding to states that chose not to expand coverage. However, the United States Supreme Court ruled in National Federation of Independent Business v. Sebelius (2012) that the federal government could not withhold Medicaid funds from states that chose not to expand eligibility. According to the Kaiser Family Foundation, this ruling had the practical effect of making Medicaid expansion optional for states.
As of 2021, a total of 38 states and Washington, D.C., had expanded or voted to expand Medicaid, while 13 states had not. Six states have expanded Medicaid through citizen initiatives.
To qualify initiated measures that amend state law for the 2022 ballot,16,961 valid signatures are required by May 3, 2022.
Dakotans 4 Health also circulated a Medicaid expansion initiated amendment but did not submit signatures by the deadline. Dakotans 4 Health also filed a Medicaid expansion initiative to amend state law (rather than the state constitution), for which signatures are due on May 3, 2022. Since the deadlines for initiated measures that amend state law was extended to May 3, 2022, Dakotans 4 Health said they would collect signatures for that measure and would support South Dakotans Decide Healthcare’s amendment. Rick Weiland of Dakotans 4 Health said, “In the interest of the 42,500 hard working low-income South Dakotans who struggle every day just to keep a roof over their head and food on the table, we have decided to unite behind one constitutional amendment, and we will continue to collect signatures to place our Medicaid initiated law on the November 2022 ballot. The last thing we need is to have two proposed constitutional amendments on the November 2022 ballot. We will continue petitioning for our initiated law giving voters the opportunity to pass both an amendment to the state’s constitution and a law next year.”
One other initiative measure facing the May 3, 2022, deadline was sponsored by Melissa Mentele of New Approach South Dakota. The measure would legalize marijuana use, possession, and distribution for individuals 21 years old and older. South Dakotans for Better Marijuana Laws and New Approach South Dakota supported Constitutional Amendment A on the 2020 ballot, which was approved in a vote of 54.18% to 45.82% but was overturned by a court ruling. Circuit Judge Christina Klinger ruled that the measure violated the state’s single-subject rule and constituted a revision of the constitution rather than an amendment. South Dakotans for Better Marijuana Laws said they would appeal to the state supreme court.
Ballotpedia covered 12 local ballot measures concerning police policy in 2021. Six of those were decided on Nov. 2.
According to unofficial election results, voters in Minneapolis, Minnesota, defeated an initiative that would have replaced the police department with a department of public safety in the city charter. The margin was 56.2% to 43.8%. Supporters of the initiative included U.S. Rep. Ilhan Omar (D-5), Attorney General Keith Ellison (D), and the Open Society Policy Center. Opponents included U.S. Sen. Amy Klobuchar (D), U.S. Sen. Tina Smith (D), Gov. Tim Walz (D), and Mayor Jacob Frey, who was reelected on Nov. 2.
Voters in Austin, Texas, defeated an initiative, Proposition A, which would have established a minimum police staffing level of at least two police officers per 1,000 residents. The margin was 68.9% opposing and 31.1% supporting the measure.
Voters in Albany, New York; Cleveland, Ohio; and Denver, Colorado approved three ballot measures that made changes to the oversight structure of their respective police departments. Albany Proposal 7 was approved with nearly 70.0% of the vote. Cleveland Issue 24 was approved with 59.4% of the vote. Denver Referred Question 2G was approved with nearly 69.0% of the vote.
In Bellingham, Washington, voters approved Initiative 2 by a vote of 57% to 43%, which prohibited facial recognition and predictive policing technology.
Ballotpedia also tracked six local ballot measures related to law enforcement that appeared on pre-November ballots in 2021.
On Aug. 3, Detroit voters defeated Proposal P by a margin of 67.3% to 32.7%. Proposal P was a charter revision that would have amended the city’s charter to make changes to policy regarding broadband access, police practices, healthcare, taxes and utilities, and reparations, among other topics.
On May 1, voters in Austin approved Proposition C by a margin of 62.9% to 37.1%. Proposition C amended the city’s charter to authorize the city council to determine how the director of the Office of Police Oversight is appointed or removed through a city ordinance. Voters in San Antonio defeated Proposition B by a margin of 51.2% to 48.9%. Proposition B would have repealed local authority for collective bargaining with the San Antonio Police Officers Association to negotiate wages, healthcare, leave, and other policies.
On May 18, voters in Pittsburgh approved an initiative by a margin of 81.2% to 18.8% that amended the city’s charter to prohibit no-knock warrants. Voters in Allegheny County, Pennsylvania, approved an initiative by a margin of 69.5% to 30.5% that amended the county’s code to prohibit solitary confinement.
On April 6, voters in Oak Park, Illinois, defeated an advisory question that would have advised the city to defund its police department. The margin was 68.1% opposing the measure to 31.9% supporting it.
