Ballot Questions in Michigan. Selma Tucker and Ken Sikkema

Transcription

1 Ballot Questions in Michigan Selma Tucker and Ken Sikkema PUBLIC SECTOR PUBLIC CONSULTANTS PUBLICSECTORCONSULTANTS.COM

2 Presentation Overview History of ballot questions in the United States and Michigan Types of questions on the Michigan ballot Ballot question statistics The questions on the 2018 Michigan ballot Comparing Michigan to other states Key takeaways and changes to consider

3 History of Ballot Questions

4 History of Ballot Questions in the United States Ratifying state constitutions by popular vote laid the groundwork for future ballot questions. Progressive-era politicians(1880s early 1900s) saw direct democracy as a powerful anticorruption and populist strategy.

5 History of Ballot Questions in the United States South Dakota was the first to add initiative and referendum provisions to its constitution (1898), and Michigan (1908) was one of the following nine states to do the same. After the surge of primarily midwestern/western states to adopt initiatives and referendum measures during this era, only three states have added protections for ballot questions since 1917.

6 History of Ballot Questions in Michigan Constitutional Adjustments 1908 The Beginning 1913 The First Five Years 1963 The Modern Era

7 Types of Ballot Questions

8 Types of Questions on the Michigan Ballot Constitutional Amendment Referendum Statutory Initiative Constitutional Convention 8

9 1. Constitutional Amendment 2. Referendum 3. Statutory Initiative 4. Constitutional Convention Allows voters to decide whether a change should be made to the constitution. Initiated by legislature - Lowering voting age from 21 to 18 (1970) - Increasing sales tax from 4 percent to 6 percent (1994) Initiated by citizens - Return of drinking age to 21 from 18 (1978) - Creating term limits (1992) 9

10 1. Constitutional Amendment 2. Referendum 3. Statutory Initiative 4. Constitutional Convention Allows voters to decide whether a bill passed by the legislature should become law. Initiated by legislature Initiated by citizens - The initial defeat of legislation expanding the powers for emergency managers (2012) 10

11 1. Constitutional Amendment 2. Referendum 3. Statutory Initiative 4. Constitutional Convention Allows voters to propose and enact legislation that cannot be vetoed by the governor and can only be amended or repealed by threefourths vote from the legislature. Initiated by citizens - Bottle bill (1976) - Medical marijuana legalization (2008) 11

12 1. Constitutional Amendment 2. Referendum 3. Statutory Initiative 4. Constitutional Convention Allows voters to decide if a constitutional convention should be held. The Michigan constitution mandates that every 16 years, Michigan's voters should answer the following question: - Shall a convention of elected delegates be convened to draft a general revision of the State Constitution for presentation to the state s voters for their approval or rejection? 12

13 Ballot Question Statistics

14 The 115 Questions Asked by Type And Year: Number of Questions Constitutional Amendment Legislatively Initiated Referendum Legislatively Initiated Statutory Initiative Constitutional Amendment Voter Initiated Referendum Voter Initiated Source: State of Michigan Bureau of Elections

15 Success by Type: Statutory Initiative (7/13) 54% 46% Referendum Voter Initiated (9/10) 90% 10% Referendum Legislatively Initiated (10/14) 71% 29% Constitutional Amendment Voter Initiated (10/31) 32% 68% Constitutional Amendment Legislatively Initiated (22/44) 50% 50% 0% 20% 40% 60% 80% 100% Successful Failed Source: State of Michigan Bureau of Elections

16 The Six Three Ballot Questions In

17 Three Statutory Initiatives No Longer on Ballot in 2018 Minimum Wage Paid Sick Leave Prevailing Wage 17

18 1. Voters Not Politicians Constitutional Amendment Pros: Designed to reduce potential for partisan gerrymandering Should create more competitive districts, which proponents believe will encourage moderation and compromise Increases transparency in the process Cons: Shifts power from legislature to secretary of state, who will essentially be overseeing the commission s work Transfers power from the people s elected representatives to separate body Communities of interest, an undefined concept in the amendment, is one of several required criteria for the commission to consider when drawing districts 18

19 2. Promote The Vote Constitutional Amendment Pros: Makes it easier for residents to register to vote Reduces barriers to absentee voting for residents that have difficulty getting to the polls on election day Cons: Increases administrative and logistical burden for secretary of state that stems from same-day registration Several policies are already covered by state and federal election law Combines multiple voting policies into one amendment, which doesn t give voters an option to select some provisions and not others 19

20 3. Marijuana Legalization Pros: Proponents believe it will result in significant cost savings from reduced arrests for marijuana possession Creates a legal structure that taxes revenue from marijuana operations Allows for some local control by allowing municipalities to ban or limit marijuana establishments in their boundaries Cons: Opponents believe increasing access to a gateway drug could lead to increased use of narcotics Difficulty regulating, identifying, and enforcing intoxicated-driving laws Under the law, residents are allowed to grow up to 12 plants in their home, which opponents believe will perpetuate the existing unregulated black market 20

21 Funding Ballot Questions No longer on the ballot Minimum Wage Increase Paid Sick Leave Prevailing Wage Repeal 1.44 million raised from direct contributions 130 individual contributions 62 percent of money raised from outside groups 2.49 million raised from direct contributions 56 individual contributions 98 percent of money raised from outside groups 1.51 million raised from direct contributions 23 individual contributions 1 percent of money raised from outside groups Source: Michigan Campaign Finance Network (as of July 2018) 21

22 Funding Ballot Questions On the ballot Voters Not Politicians Promote the Vote Marijuana Legalization 1.49 million raised from direct contributions 16,212 individual contributions 22 percent of money raised from outside groups 2.73 million raised from direct contributions 310 individual contributions 88 percent of money raised from outside groups 1.03 million raised from direct contributions 800 individual contributions 76 percent of money raised from outside groups Source: Michigan Campaign Finance Network (as of July 2018) 22

23 Comparing Michigan to Other States 23

24 Legislatively Initiated Constitutional Amendments WA OR NV CA ID AZ UT MT WY CO NM ND MN SD WI IA NE IL KS MO OK AR MS MI OH IN NY CT RI PA MD NJ DE WV VA Washington D.C. KY NC TN SC AL GA ME VT NH MA Majority Support Requirement 50% majority (17 states) 60% majority (10 states) AK TX LA FL 66.6% majority (22 states, including Michigan) 75% majority (1 state, Connecticut) HI Source: Citizens Research Council of Michigan 24

25 States that Allow Voter-initiated Ballot Questions 15 states, including Michigan, allow voters to initiate: ü Constitutional amendments ü Referendum ü Statutory initiatives 6 states allow voters to initiate: X Constitutional amendments ü Referendum ü Statutory initiatives 3 states allow voters to initiate: ü Constitutional amendments X Referendum X Statutory initiatives 2 states allow voters to initiate: X Constitutional amendments ü Referendum X Statutory initiatives WA OR NV CA AK ID AZ UT MT WY CO NM ND SD NE KS TX MN WI IA MO OK AR LA IL MS MI IN TN KY AL OH GA WV PA SC FL VA NY NC MD VT NH NJ DE ME MA RI CT Washington D.C. 24 states do NOT allow voters to initiate any questions: X Constitutional amendments X Referendum X Statutory initiatives HI Source: Citizens Research Council of Michigan

26 Comparing Michigan to Other States CONSTITUTIONAL AMENDMENT REFERENDUM STATUTORY INITIATIVE MUCH EASIER SLIGHTLY EASIER SAME SLIGHTLY HARDER MUCH HARDER NOT ALLOWED Source: Citizens Research Council of Michigan 26

27 Factors Impacting the Degree of Difficulty Support in multiple sessions Indirect versus direct process Petition and signature rules Prescreening and substance reviews Subject matter restrictions Fiscal impact statements 27

28 Petition and Signature Rules: Number of Signatures States have set the number of signatures required at a percentage of many different States have set the percentage of signatures required from 3 percent (Massachusetts) to 15 percent (Oklahoma and Nebraska) States often have different percentage requirements for different types of questions Source: Ballotpedia 28

29 PETITION AND SIGNATURE RULES: GEOGRAPHIC DIVERSITY Missouri Proponents must meet the required percentages in two-thirds of the state s congressional districts. Ohio Ohio has the same statewide signature requirement as Michigan for constitutional amendments (10 percent of total votes cast in last gubernatorial election), but proponents must hit a 5 percent threshold in half of the counties in the state. Michigan No geographic diversity requirements, but petitions for statutory initiatives are circulated on county petitions. l l Montana For constitutional amendments and referenda, signatures must be equal to at least 10 percent of qualified voters in half of the counties in the state. For statutory initiatives, signatures must be equal to 5 percent of the state s legislative districts. Florida Proponents must meet required percentages in at least half of the state s congressional districts. Source: Citizens Research Council of Michigan 29

30 PRESCREENING REQUIREMENTS Michigan Oregon Oregon requires a single-subject review by the attorney general, who can stop an initiative from circulating if they believe it violates the singleamendment provision. Colorado Colorado requires a mandatory content review of ballot questions by the state s Legislative Council. Petitioners must file their petition with the Board of State Canvassers (BSC), but there are no requirements for prescreening for substance or constitutionality. Utah In Utah, the attorney general reviews ballot questions for constitutionality and will reject any measure if it is patently unconstitutional, nonsensical, or if the proposed law could not become law if passed. Florida The Florida Supreme Court reviews for constitutionality and compliance to single-subject rules after petitioners gather 10 percent of the required signatures. Source: Citizens Research Council of Michigan 30

31 Key Takeaways and Changes to Consider

32 Key Takeaways Every state has a unique set of constitutional protections and rules. Only 26 states allow voters to initiate ballot questions, and Michigan is only one of 15 states that allow voters to initiate a referendum and propose constitutional amendments and laws. 32

33 Key Takeaways While the courts and numerous state laws have made adjustments, Michigan hasn't fundamentally amended the constitutional rules and requirements for this process since Ballot questions succeed roughly 50 percent of the time. Legislative-initiated constitutional amendments are more likely to be successful than those proposed by the voters. While rare, voter-initiated referenda are the most successful ballot questions. 33

34 Key Takeaways Successful constitutional amendments can only by changed by another constitutional amendment, and a law proposed and enacted by the voters requires a three-fourths vote by the legislature to overturn it. Michigan is about average in terms of degree of difficulty for statutory initiatives, but most states have more strict voter-initiated referendum and constitutional amendment processes. 34

35 Key Takeaways Michigan does not have any geographic diversity requirements when it comes to signature gathering. Michigan does not have any constitutionality or content prescreening requirements. 35

36 Changes to Consider Areas that could be adjusted to make it easier or more difficult to get a question (or a specific type of question) on the ballot Shifting from a back-loaded process to a more front-loaded process using prescreening and substance reviews Making it easier for voters to understand the questions being asked and their impact 36

37 References Ballotpedia Laws Governing the Initiative Process in Michigan. Ballotpedia. Accessed September 17, Citizen s Research Council of Michigan. January Reform of Michigan s Ballot Question Process. Livonia: Citizens Research Council of Michigan. Accessed September 17, Initiative and Referendum Institute. 2018a. Michigan. IRI: Initiative & Referendum Institute. Accessed September 17, Initiative and Referendum Institute. 2018b. State I&R. IRI: Initiative & Referendum Institute. Accessed September 17, Michigan Campaign Finance Network Who s Funding Statewide Ballot Campaigns? Michigan Campaign Finance Network. Accessed September 17, National Conference of State Legislatures. September 20, Initiative, Referendum, and Recall. National Conference of State Legislatures. Accessed September 17, State of Michigan Bureau of Elections. March Initiatives and Referendums Under the Constitution of the State of Michigan of Lansing: Bureau of Elections. Accessed September 17,

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