Critical Components of Successful Ballot Measures

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1 Critical Components of Successful Ballot Measures Land Trust Alliance Rally 2017 October 27, 2017 Mark Ackelson, Will Abberger, Lori Weigel, Mark Langgin, David Hartwell

2 LTA Video: Land Conservation at the Ballot Box 2 I #RALLY2016 LAND TRUST ALLIANCE

3 Key Steps for Successful Ballot Measure National Trends Ballot Measure Basics Measure Components Legal Primer Case Studies: Grand County, CO and Los Angeles County, CA

4 Where Does Public Funding for Land Conservation Come From?

5 Public Funding for Land Conservation Public Funding for Land Conservation in the United States ( ) Amount Annual Average Local $25,829,049,100 $1,434,947,172 State $17,715,694,051 $984,205,225 Federal $12,121,644,312 $673,424,684 Total $55,666,387,462 $3,092,577,081 Local: Spending authorizations via local ballot measures. Source: TPL's LandVote Database State and Federal: Actual spending. Data not complete for all 50 states. Source: TPL's Conservation Almanac Database Federal 22% Local 46% State 32%

6 What is the Big Idea? Engaging Voters to Approve Funding for Conservation Is it really possible to get voters to raise their TAXES to invest in parks and conservation?

7 Track Record of the Concept: 76% long-term approval rate, good times and bad

8 November 8, 2016 Election All Park and Conservation Ballot Measures 87 measures in 21 states 70 were approved by the voters 80 percent passage rate $6.3 billion in funds for conservation, parks, and restoration

9 104 measures passed -- generated over $11B in funds for land conservation, parks and restoration

10 Track Record of the Concept: Tens of Billions of $ for Land Conservation

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13 What is the Trust for Public Land s Conservation Finance Program? We create and protect new public funding for land conservation, parks, and restoration through the research, design, and passage of ballot measures and legislation and serve as thought leaders in the field.

14 November 8, 2016 Election Trust for Public Land Park and Conservation Ballot Measures 40 measures in 13 states 32 were approved by the voters 80 percent passage rate Over $4 billion in funds for conservation, parks, and restoration

15 Our Track Record: 534 wins, 81% Yes, $68 billion created, over 100 million Yes Votes

16 Key Steps for Successful Ballot Measures National Trends Ballot Measure Basics Measure Components Legal Primer Case Studies: Grand County, CO and Los Angeles County, CA

17 Key Variables in Measure Design Funding Mechanism Amount (and duration) Purposes/Uses of Funds Timing (choice of election date) Management/Accountability

18 Key Steps for Successful Ballot Measures National Trends Ballot Measure Basics Measure Components Legal Primer Case Studies: Grand County, CO and Los Angeles County, CA

19 Key Steps for Successful Ballot Measures Technical Assistance Feasibility Research Public Opinion Survey Program Recommendations ELECTION DAY! Campaign Ballot Language Lobbying

20 Step 1 - Feasibility Research Finance options Conservation priorities Fiscal capacity Election requirements Ballot language requirements Pathways to ballot Best practices Election history

21 Step 2 Public Opinion Survey Methodology: random, sample, voters, telephone Why poll? reality test perspective messages and messengers Polling goals affordable proposal compelling purposes accountability provisions

22 Step 3 Program Recommendations Funding source Amount (and duration) Purposes/Uses of funds Timing (choice of election date) Management/Accountability

23 Step 4 Ballot Language Legal constraints Best practices Integrate survey findings Negotiate with public attorney, bond counsel Interpretation/ballot pamphlet arguments

24 Step 5 Campaign Coalition building Strategy/campaign plan Campaign committee Campaign finance registration and reporting Fundraising Endorsements Communications (media) Earned media Paid media: TV, radio, direct mail, digital Phones Grassroots/Field (GOTV)

25 Key Steps for Successful Ballot Measures National Trends Ballot Measure Basics Measure Components Legal Primer Case Studies: Grand County, CO and Los Angeles County, CA

26 What Land Trusts CAN DO IRS Code allows you to lobby Support (or oppose) ballot measures Conduct legislative lobbying

27 What Land Trusts CAN DO IRS Code Section 501(h): Approximately 20% of your exempt-purpose expenses; or Up to $1 million Insubstantial Expenditure

28 What Land Trust CAN DO Contribute money to ballot measures Endorse ballot measures Make in-kind contributions to campaigns

29 What Land Trusts CANNOT DO Support or oppose candidates for political office Spend more than your lobby limit Use federal grant funds to support or oppose ballot measures

30 IRS - Direct Lobbying Definition Efforts to influence legislation through: 1: a communication... 2: to a legislator, legislative staff, governmental official who may participate in the formulation of legislation, or to the general public in the case of a ballot measure... 3: that expresses a point of view... 4: on a specific item of legislation.

31 State Campaign Finance Issues If you are raising or spending funds for a ballot question, you have entered the Campaign Finance zone. You are subject to state campaign finance laws, and you are engaged in direct lobbying under the IRS Code.

32 State Campaign Finance Reporting Once on the ballot, your time and funds you expend in support/opposition the ballot measure are IRS lobbying expenses; and reportable as in-kind contributions under state campaign finance laws.

33 State Campaign Finance Laws and Regulations There are a many laws and regulations that govern ballot state (and increasingly local) measure campaigns.local counsel is key.

34 Where can I go to learn more? TPL s Conservation Finance Program( Will Abberger Peggy Chiu Director, Conservation Finance Senior Counsel x will.abberger@tpl.org peggy.chiu@tpl.org The Trust for Public Land The Trust for Public Land 306 N. Monroe Street 1410 Grant Street Tallahassee, FL Denver, CO 80203