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Initiative & Referendum Institute at USC 12/29/04 BALLOTWATCH Important Facts 162 measures, 67% approved. All 11 marriage amendments passed. 2004 ELECTION SUMMARY Voters in 34 states faced 162 ballot propositions on Election Day. Voters approved 108 measures. The 67% approval rate is up from 60% in 2002. This report discusses some of the key measures, and lists the outcome of all 162 measures. The report will be periodically updated over the next few days as more election results become available: www.ballotwatch.org. Key Measures Alaska. Marijuana legalization: FAILED 43-57. - -- - IRI - Initiative & Referendum Institute University of Southern California Law School Los Angeles CA 90089-0071 Phone: 213.740.1693 John G. Matsusaka President 213.740.6495 matsusak@usc.edu www.iandrinstitute.org Arizona. Illegal immigrants: APPROVED 56-44. California. Stem cell bond: APPROVED 59-41. California Employer mandated health insurance: FAILED 49-51. Colorado. Presidential electors: FAILED 35-65. Colorado. Clean energy: APPROVED 54-46. Washington. Sales tax for education: FAILED 39-61. See IRI Ballotwatch Report 2004-3 for more information. Marriage The most popular issue was marriage. Voters in all 11 where the issue was on the ballots approved amendments that defined marriage as only between a man and a women. The states were Arkansas, Georgia, Kentucky, Michigan, Mississippi, Montana, North Dakota, Ohio, Oklahoma, Oregon, and Utah. Together with Louisiana and Missouri, which approved marriage amendments early this year, it brings the total number of adopting states to 13 since the Massachusetts ruling in February. See IRI Ballotwatch Report 2004-8 for more.

Page 2 S TATE-BY-STATE SUMMARIES The following list reports the election results for all 162 ballot measures based on unofficial election returns reported by the states. For detailed discussions of the ballot measures, see IRI Ballotwatch Report 2004-0. Alabama Amend. 1. Industrial development in Baldwin County: APPROVED 56-44. Amend. 2. Obsolete language: FAILED 50-50. Amend. 3. County commissions: APPROVED 55-45. Amend. 4. Shrimp and seafood: APPROVED 63-37. Amend. 5. Property tax for schools in Trussville: FAILED 45-55. Amend. 6. Judge salaries: FAILED 45-55. Amend. 7. Sin taxes: FAILED 47-53. Amend. 8. Vehicle taxes FAILED 32-68. Alaska (100% reporting) Measure 1. Increases initiative signature requirements: APPROVED 51-49. Measure 2. Legalizes marijuana: FAILED 43-57. Measure 3. Bear baiting: FAILED 41-59. Measure 4. Senate vacancy: APPROVED 55-45. California s two gambling initiatives failed despite $100 million spending by tribes and other gambling interests Arizona Prop. 100. Public lands: FAILED 48-52. Prop. 101. Initiative restriction: APPROVED 55-45. Prop. 102. University stock ownership: FAILED 48-52.. Prop. 103. Justices of peace: APPROVED 54-46. Prop. 104. Initiative circulation time: FAILED 32-68. Prop. 105. Board of education: APPROVED 62-38. Prop. 200. Illegal immigration: APPROVED 56-44. Prop. 300. Legislator salaries: FAILED 39-61. Arkansas (100% reporting) Amend. 1. Term limits: FAILED 30-70. Amend. 2. $500 M bond: APPROVED 63-37. Amend. 3. Marriage: APPROVED 75-25. Referred Question 1. Property tax for schools: FAILED 30-70. California (100% reporting) Prop. 1A. Local government: APPROVED 84-16. Prop. 59. Government documents: APPROVED 83-17. Prop. 60. Anti-runoff: APPROVED 67-33. Prop. 60A. State property: APPROVED 73-27. Prop. 61. $750 M bond for children s hospitals: APPROVED 58-42. Prop. 62. Runoff primary: FAILED 46-54. Prop. 63. Millionaires surtax for mental health: APPROVED 53-47. Prop. 64. Frivolous lawsuits: APPROVED 59-41.

Ballotwatch Page 3 Prop. 65. Local government: FAILED 38-62. Prop. 66. 3 strikes: FAILED 47-53. Prop. 67. Telephone surcharge for health services: FAILED 28-72. Prop. 68. Non-tribal gambling:.failed 16-84. Prop. 69. DNA from felons:.approved 62-38. Prop. 70. Tribal casinos: FAILED 24-76. Prop. 71. Stem cell bond: APPROVED 59-41. Prop. 72. Employer health insurance: FAILING 49-51. Colorado Referendum A. Civil service: FAILED 39-61. Referendum B. Obsolete language: APPROVED 69-31. Amend. 34. Contractor liability: FAILED 23-77. Amend. 35. Tobacco tax for health: APPROVED 61-39. Amend. 36. Electoral votes: FAILED 35-65. Amend. 37. Clean energy: APPROVED 54-46. Florida (98% reporting) Amend. 1. Parental notification for abortion: APPROVED 65-35. Amend. 2. Initiatives filing date: APPROVED 68-32. Amend. 3. Attorney contingency fees: APPROVED 64-37. Amend. 4. Slot machines in Miami-Dade and Broward Counties: APPROVED 51-49. Amend. 5. Minimum wage: APPROVED 71-29. Amend. 6. High speed transport repeal: APPROVED 64-36. Amend. 7. Patient rights to information: APPROVED 81-19. Amend. 8. Medical license revocation: APPROVED 71-29. Georgia (97% reporting) Amend. 1. Marriage: APPROVED 77-23. Amend. 2. Supreme Court jurisdiction: APPROVED 69-31. California-Louisiana Hawaii (99% reporting) Amend. 1. Sexual assault crimes: APPROVED 73-27. Amend. 2. Sex offenders: APPROVED 79-21. Amend. 3. Communication between crime victim and physician: APPROVED 61-39. Amend. 4. Felony charges: APPROVED 65-35. Indiana Question 1. Limited property tax exemption: APPROVED 71-29. Question 2. Officeholder terms: APPROVED 86-14. Question 3. Gubernatorial succession. APPROVED 87-13. Kentucky (100% reporting) Amend. 1. Marriage: APPROVED 75-25. Louisiana (100% reporting) Amend. No. 1. Right to hunt and trap: APPROVED 81-29. Amend. No. 2. Limits homestead tax exemption: APPROVED 78-22. Amend.. No. 3. Veterans public jobs: APPROVED 81-19. Amend. No. 4. Support for farmers and fisherman: APPROVED 67-33.

Page 4 Maine (95% reporting) Question 1. Property tax limit: FAILED 37-63. Question 2. Bear hunting: FAILED 46-54. Michigan (99%) Proposal 04-1. Gambling: APPROVED 58-42. Proposal 04-2. Marriage: APPROVED 59-41. Mississippi (97% reporting) Amend. 1. Marriage: APPROVED 86-14. Missouri (97% reporting) Amend. 3. Fuel taxes: APPROVED 79-21. Montana C-40. $10 M to manage noxious weeds: APPROVED 76-24. C-41. Right to hunt and fish: APPROVED 81-19. C-42. Term limits: FAILED 31-69. CI-96. Marriage: APPROVED 67-33. I-147. Cyanide in mining: FAILED 42-58. I-148. Medical marijuana: APPROVED 62-38. I-149. Tobacco tax for child health: APPROVED 63-37. Maine-New Mexico Nebraska (99% reporting) Amend. 1. Property tax historical properties: APPROVED 58-42 Amend. 2. Presiding officer of legislature: FAILED 39-61. Amend. 3. Two casinos: FAILED 35-65. Amend. 4. Casino revenue: APPROVED 55-45. Measure 417. Initiatives can authorize gambling: FAILED 49-51. Measure 418. Amending initiatives: APPROVED 55-45. Measure 419. Gambling taxes: APPROVED 51-49. Measure 420. Communities authorize gambling: FAILED 47-53. Nevada (100% reporting) Ballot Question 1. School appropriations: APPROVED Ballot Question 2. School spending national average: FAILED. Ballot Question 3. Attorney fees for medical malpractice: APPROVED. Ballot Question 4. Insurance rate reduction: FAILED. Ballot Question 5. Frivolous lawsuits: FAILED. Ballot Question 6. Minimum wage: APPROVED. Ballot Question 7. Obsolete language: APPROVED Ballot Question 8. Sales tax: FAILED. New Hampshire (94% reporting) 1. Court rules: FAILED 57-43 (required 2/3 to pass) New Mexico Amend. 3. Runoff elections in cites: APPROVED 66-34. Amend. 4. Property tax exemption for veterans: APPROVED 68-32.

Ballotwatch Page 5 Amend. 5. School for the Visually Handicapped: APPROVED 71-29. Bond Issue A. $6 M bonds for senior citizen facilities: APPROVED 62-38. Bond Issue B. $94.6 M bonds for higher education: APPROVED 59-41. Bond Issue C. $16.3 M bonds for libraries: APPROVED 59-41. Bond Issue D. $5 M bonds for kindergarten classes: APPROVED 63-37. North Carolina (99% reporting) Amend. 1. Economic development: APPROVED 51-49. Amend. 2. Penalties & fines for schools: APPROVED 78-22. Amend. 3. Magistrates of the General Court of Justice: APPROVED 68-32. North Dakota (96% reporting) Amend. 1. Marriage: APPROVED 73-27. Issue 1. Marriage: APPROVED 62-38. Ohio (99% reporting) Oklahoma (100% reporting) Question 705. Oklahoma Lottery Commission: APPROVED 65-35. Question 706. Lottery fund for education: APPROVED 68-32. Question 707. Local governments debt: APPROVED 51-49. Question 708. Rainy Day Fund: APPROVED 63-37. Question 711. Marriage: APPROVED 76-24. Question 712. Indian gaming: APPROVED 59-41. Question 713. Tobacco tax: APPROVED 53-47. Question 714. Assessing home value for seniors: APPROVED 69-31. Question 715. Property tax exemption for veterans: APPROVED 84-16. Oregon Measure 31. Election postponement when nominee dies: APPROVED 66-34. Measure 32. Motor home taxes: APPROVED 61-39. Measure 33. Medical marijuana: FAILED 43-57. Measure 34. Limits logging: FAILED 38-62. Measure 35. Limits pain and suffering awards: 49-51 FAILED. Measure 36. Marriage: APPROVED 57-43. Measure 37. Government compensation for land use restrictions: APPROVED 61-39. Measure 38. State Accident Insurance Fund (SAIF): FAILED 39-61. New Mexico - Rhode Island Rhode Island (99.8% reporting) Question 1. Separation of powers: APPROVED 78-22. Question 2. Calls a convention to amend constitution: FAILED 48-52. Question 3. $66.5 M bonds for highways and roads: APPROVED 66-34. Question 4. $15 M bonds for career and technical schools: APPROVED 56-44. Question 5. $50 M bonds for residence halls at state universities: APPROVED 51-49. Question 6. $12.3 M bonds to restore Cranston Street Armory: FAILED 34-66. Question 7. $10 M bonds for local water systems: APPROVED 68-32. Question 8. $70 M bonds for water pollution control: APPROVED 71-29. Question 9. $14 M bonds for library at Univ. of RI: APPROVED 51-49. Question 10. $6.7 M bonds for athletic center at Univ. of RI: FAILED 33-67.

Page 6 Initiative & Referendum Institute at USC University of Southern California Law School Los Angeles CA 90089-1027 Question 11. $3 M bonds for renovation of historic sites: APPROVED 56-44. Question 12. $46.5 M bonds for state buildings: FAILED 47-53. Question 13. $50 M bonds for science center at Univ. of RI: APPROVED 58-42. Question 14. $48 M bonds for industrial park at Quonset Point: APPROVED 56-44. Phone: 213.740.1693 Email: matsusak@usc.edu South Carolina Amend. 1. Alcohol minibottles: APPROVED 59-41. Amend. 2. Corporate property taxes: FAILED 39-61. South Dakota (100% reporting) Amend. A. Circuit court judge nominations: FAILED 38-62. Amend. B. Food and transportation funds to religious schools: FAILED 47-53. Measure 1. Exempts food from sales tax: FAILED 33-67. Utah (99% reporting) Amend. 1. Impeachment procedures: APPROVED 69-31. Amend. 2. Universities owning stock: APPROVED 57-43. Amend. 3. Marriage: APPROVED 66-34. Initiative 1. $150 M bond for conservation with sales tax: FAILED 45-55. Virginia Amend. 1. Apportionment: APPROVED 86-14. Amend. 2. Gubernatorial succession: APPROVED 87-13. Washington (100%) Initiative 297. Toxic waste.: APPROVED 69-31. Initiative 872. Runoff primary: APPROVED 60-40. Initiative 884. Sales tax for education: FAILED 39-61. Initiative 892. Non-tribal gambling: FAILED 39-61. Referendum 55. Charter schools: FAILED 42-58. West Virgina (97% reporting) Amend. 1. $8 M bond for veterans: APPROVED 68-32. Wyoming Amend. A. Revenue rebates to school districts: FAILED* 56-44 Amend. B. Economic development: APPROVED 66-34. Amend. C. Mediation before lawsuits: APPROVED 53-47. Amend. D. Pain and suffering awards: FAILED 49-51.. * To pass, Wyoming amendments must receive 50% of all votes cast, not just votes cast on the amendment.. For updates and other ballot reports, visit www.iandrinstitute.org.